SANDIP SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Through this writ petition, the petitioner complains of the solitary fact that the Respondents/State Urban Development and Municipal Affairs Department (for short, the UDMA) as well as the Respondents/the Kolkata Metropolitan Development Authority (for short the KMDA) had unilaterally started excavation on the northern front side of the land of the petitioner to raise construction of a cemented pillar for exhibiting a Display Board showing the way to Jadavpur Stadium.

(2.) The land of the petitioner (hereinafter referred to for short as the said land) comprises around 2 Cottahs in R.S. Khatian No.37, Dag No.68, Revenue Survey No.40, Touzi No.159, 206 and 210 within Ward No.109 of Kolkata Municipal Corporation (for short the KMC), P.S. Survey Park.

(3.) The petitioner submits that he is a bona fide purchaser of the said land along with the frontage portions, both on the Northern and Southern sides. It is submitted that a plan has been sanctioned by the KMC for constructing a residential building over the said land and the sanction is valid till the end of 2024. It is further submitted that the land has been mutated in favour of the petitioner and the classification as per the Record of Rights (ROR) is Bastu. It is submitted that on the basis of the sanctioned plan the petitioner has applied for a loan to construct his house.