LAWS(CAL)-2022-1-119

PRADIP KUMAR DAS Vs. PARTHA GHOSE

Decided On January 20, 2022
PRADIP KUMAR DAS Appellant
V/S
Partha Ghose Respondents

JUDGEMENT

(1.) This contempt petition has been filed alleging non-compliance of the order dtd. 17/1/2020 passed in MAT 67 of 2017 whereby this Court had observed and directed as under :

(2.) The State says that in the light of the findings in the said order of May 23, 2016, the market complex has to be razed. By the order impugned, the Single Bench was satisfied that the panchayat samity had set up unauthorised construction and the order making its removal was found to be neither illegal nor vitiated in any manner. At the end of the day, a public highway cannot be encroached by any individual or even a statutory body without due sanction of law.

(3.) The order impugned dated August 22, 2016 does not call for any interference. The State should ensure that the offending constructions on any public highway in the area are razed. The District Magistrate, Purba Medinipur, should file an affidavit of compliance with the Registrar-General within three months of the receipt of a copy of this order. The Registrar-General should immediately forward a copy of this order to the relevant District Magistrate."