HC directs state to take ‘immediate steps’ to free ‘encroached’ govt land

Soumyadip Mullick, MP, 27 July 2024, Kolkata: With zero action taken despite an order passed in 2018 following a complaint, the Calcutta High Court on Friday directed the state to take immediate steps to rid a government land of encroachment. 

On Friday, Justice Sinha was hearing a petition where the petitioner prayed for implementation of an order for removal of an unauthorised construction from a land belonging to the Public Works Department (PWD). 

The petitioner’s counsel told the court that a house is being built over government land by a private party and objections were raised with the authorities. 

The court was informed that an order was also passed by an assistant engineer in 2018 for its removal but was never acted upon. It prayed that the order be acted upon without any further delay. 

Justice Sinha observed the following in her order: “Petitioner seeks implementation of the notice dated 26 March, 2018 passed by the assistant engineer and authorized highway authority, Diamond Harbour sub division, Public Works Directorate. 

By the said notice, the assistant engineer directed the removal of the unauthorized construction from the government land. The said encroachment is yet to be removed.” It was directed: “In view of the notice for removal of the encroachment of the government land, the authority ought to take steps for immediate implementation of the said notice.” 

Observing that “the time period within which the unauthorized construction was to be removed expired long back”, the court ordered: “The authorities ought not to wait any further and take immediate steps for its removal…positive steps ought to be taken in the matter for implementation of the notice in accordance with law at the earliest but within eight weeks of communication of this order.” 

Recently, the PWD issued directions for installation of signage boards in all vacant lands by July 31. On June 12, Chief Minister Mamata Banerjee had advocated zero tolerance against encroachment of government lands and directed the administration to take immediate measures for freeing them. 

She had sought a report from all government departments about respective lands belonging to them and ordered that if any of them were found illegally occupied, the police should take strong action and return it to the respective departments.

https://www.millenniumpost.in/bengal/hc-directs-state-to-take-immediate-steps-to-free-encroached-govt-land-573370