PRADIP ATTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Admittedly , the petitioners are the unlawful encroacher of the government land lying at Plot No. 163, Mouza -Khandalia, J.L. No. 16, P.S -Ramnagar, District - South 24 -Parganas. They have raised permanent construction on such encroached government land. A joint survey was conducted by the officials of the Highway Authority and the petitioners for identifying the government land, which was encroached by them. The encroached portion of the government land has been identified and demarcated. The Assistant Engineer/Highway Authority, Falta E.P.Z. Highway Sub - Division P.W. (Roads), Directorate served a notice dated 7th June, 2013 under Section 10 of the West Bengal Highways Act, 1964 upon the petitioners inviting them to remove and/or demolish such structure to the satisfaction of the Highway Officer before 14th August, 2013, with a rider that in the event of failure to comply with the said notice within the time allowed to them, the authority concerned will demolish the structure and the expanses of such demolition and/or for removal of such structure will be recovered from the petitioners. This step was taken by the Highway Authority for implementation of an order passed by the Learned Single Judge of this court on 3rd September 2010 in W.P. No. 12912(W) of 2010. The petitioners have filed the instant writ petition challenging the legality of the said notice by contending inter alia, that the authority concerned who issued the said notice had no jurisdiction to issue such notice under the said Act as the land where the petitioners constructed such structure, was not the Highway within the meaning of the Highway as defined in the West Bengal Highways Act, 1964 as no declaration as contemplated under Section 3 of the said Act, has been published in the official gazette declaring the said land as state Highway.

(2.) Let me now consider as to how far such contention of the petitioners is acceptable in the context of the West Bengal Highways Act, 1964.

(3.) Thus , the definition of highway shows that every Government road is highway under the said Act. Government road has been defined under Section 2 (bb) in the following way: - -