WPA(P)/318/2026 of PRAVATI SAMANTA Vs STATE OF WEST BENGAL AND ORS. on 29 July 2026

29.07.2026 rpan/03 WPA (P)

of 202

Pravati Samanta

– Versus – The State of West Bengal & Others Mr. R. K. Sain, Mr. Sandipan Maity … for the Petitioner. Mr. D. N. Ray, Mr. Ajit Kumar Mishra, Mr. M. M. Ghosh, Ms. Aparna Samanta (Kumar) … for the State/Respondents. Mr. Salil Kumar Maiti, Ms. Dolan Samanta … for the Respondent nos.6 to 10.

The present Public Interest Litigation (in short, PIL) has been preferred primarily praying for issuance of necessary direction upon the concerned respondents to ‘initiate appropriate legal proceeding in accordance with the law against the private respondents for eviction of unauthorized occupation and remove, demolish that illegal, unauthorized construction from the government/public land in question which have been erected by private respondents.’ Mr. Maity, learned advocate appearing for the petitioner submits that for and on behalf of the local inhabitants the petitioner, being a public spirited person, has been constrained to prefer the present PIL since the private respondent nos.6 to 10 have illegally encroached upon L. R. Plot Nos. – 407/1577

and 407/1578, J. L. No. – 124, Mouza – Tajpur, Police Station – Murshidabad and constructed permanent structures upon the said plots of land. The former plot of land stands recorded as ‘Nayan Juli’ and the latter plot stands recorded as ‘Paka Rasta’. The villagers residing in the locality are very poor and as such the petitioner has preferred this PIL to espouse their cause and to bring to the notice of this Court, the illegalities perpetrated by the private respondents, moreso when the statutory authorities have remained silent in spite of receipt of the representations submitted detailing the facts. The last representation was submitted before all the statutory authorities including the District Magistrate and Collector, Purba Medinipur on 1st June, 2026 but the same has not been considered and as such, the petitioner has been constrained to approach this Court. He further submits that it would be explicit from the record of rights annexed to the writ petition that both the plots of land are recorded in the name of Central Public Works Department, Government of India. As the private respondents no.6 to 10 have encroached upon the said plots of land, necessary proceeding needs to be initiated under the provisions of the Control of National Highways (Land and Traffic) Act, 2002 (hereinafter referred to as the 2002 Act).

Drawing the attention of the Court to the provisions of Sections 24 and 26 of the 2002 Act, Mr. Maity submits that it is incumbent upon the competent authority to take appropriate steps against the private respondents as they have encroached upon the said plots of land and have also constructed structures thereupon. Placing reliance upon the provisions of Section 21 of 2002 Act and a notification dated 29th October, 2025, Mr. Maity submits that powers under Section 26 of the 2002 Act, has conferred upon the District Magistrate and that as such the respondent no. 2 is the competent authority to consider the grievances ventilated by the petitioners. Let a copy of the notification, as place, be kept on record. Mr. Salil Kumar Maiti, learned advocate appearing for the private respondent nos.6 to 10 denies and disputes the contention of the petitioner and submits that no public interest element is involved in the present lis and on the said ground itself the present PIL needs to be dismissed. He further submits that the allegations levelled against the private respondent nos.6 to 10 that they have encroached upon Government land and had constructed permanent structures thereupon are absolutely unfounded. The issue urged involves disputed questions of fact and the same cannot be adjudicated in the present PIL. Mr. Mishra, learned Additional Government Pleader appearing for the State/respondents submits that as per the report of the BL&LRO, Mahishadal, Purba Medinipur the plot no. 407/1577 stands classified as ‘Nayan Juli’ and the plot no. 407/1578 stands classified as ‘Paka Rasta’ and that the private respondents are occupying the plot no.407/1577 by constructing temporary structures which are used for commercial purposes. Such fact has been ascertained upon conducting an enquiry, as would be explicit from a memo dated 21st July, 2026 issued by concerned BL&LRO. Let the documents, as placed, be kept on record. Heard the learned advocates appearing for the respective parties and considered the materials on record. In view of the memo dated 21st July, 2026 issued by concerned BL&LRO which categorically records that an enquiry was conducted and that the private respondents were occupying the plot no. 407/1577 by constructing temporary structures and as the private respondents have not been able to produce any document to show that any permission was obtained from the competent authority for raising any temporary or permanent structures on the

Government land, the matter needs to be relegated to the competent authority, being the respondent no.2 herein for consideration of the representation dated 1st June, 2026, as submitted by the petitioner and to take appropriate follow up steps. Accordingly, the respondent no.2 is directed to consider the representation submitted by the petitioner on 1st June 2026 upon granting an opportunity of hearing to the petitioner, the private respondent nos.6 to 10 and other interested persons, if any and to take a decision in accordance with law and to communicate the same to the petitioner and the private respondent no.6 to 10. The above exercise shall be completed by the respondent no.2 within a period of eight weeks from the date of communication of this order along with a copy of the writ petition. With the above observations and directions, the present PIL is disposed of. It is made clear that we have not gone into the merits of the claim and all points are kept open to be decided by the respondent no.2. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities. (Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, A.C.J.)