RELIANCE PROJECTS AND PROPERTY MANAGEMENT SERVICES LIMITED Vs. DISTRICT MAGISTRATE AND COLLECTOR, NADIA

JUDGEMENT

(1.) This appeal is at the instance of the writ petitioner challenging the order dtd. 7/2/2022 passed by the learned Single Judge in W.P.A. 7315 of 2021.

(2.) Appellant had approached the writ Court challenging the order dated 5 th of February, 2021 passed by the respondent No. 2 and also seeking quashing of the report dated 21st of January, 2021 issued by the BL&LRO.

(3.) The brief facts are that the petitioner had purchased a part of a four storeyed building situated at Mouza - Pumlia pertaining to R.S., L.R. Khatian No. 1383, L.R. Dag No. 271 under Tatla - 2 Gram Panchayat from Debashis Chakraborty by conveyance executed on 5th of February, 2015 but prior to that sometime in the year 2010 out of the total area of 7 decimal of land, highway authority had already acquired 3 decimal of land. Since, the appellant had purchased the acquired area, therefore, proceedings were initiated. Original owner Debashis Chakraborty had filed the writ petition W.P.A. 10416 of 2020 which was withdrawn without any liberty to file a fresh petition. Debashis Chakraborty was paid compensation for the entire area acquired from him. The appellant had initially filed W.P. No. 24357 (W) of 2019 which was disposed of by order dated 30th of December, 2019 directing the Additional District Magistrate (Land Acquisition), Nadia to decide the representation of the appellant after giving opportunity of hearing to the concerned parties and to take a reasoned decision and also directing the parties to maintain status quo till the decision is taken. The competent authority thereafter had passed the order during that the disputed portion was acquired and, therefore, directing eviction of the appellant from that portion. The appellant had questioned the order dated 11th of November, 2020 passed by the competent authority by filing W.P.A. No. 9435 of 2020. The writ petition was allowed and order dated 11th of November, 2020 was set aside because the report of measurement could not be produced before the Court. The writ Court had again directed the competent authority to reconsider the matter after hearing both the sides and to decide after considering all the relevant material by a reasoned order in accordance with law. The competent authority thereafter had passed the order which was subject matter of challenge in the writ petition. The competent authority found that the encroachment lies on the acquired area of 330.20 sq.ft. (0.76 decimal) by way of permanent structure. The said order also reveals that the identification of the encroached construction was done after verification of the plot on 21/1/2021 in the presence of all the parties. Accordingly, the direction was issued to remove/demolish the permanent structure on an area about 330.20 sq.ft. (0.76 decimal) which was an encroachment over the acquired land of 0.0301 acre under plot No. 271. This order was impugned in the writ petition and learned Single Judge by assigning detailed reasons has disposed of the petition.