Disposed

Ram Prasad Kundu v. State of West Bengal and Ors.

Calcutta HC24 Mar 2023WPA/4215/2023

Case brief

AI extract

What is this about?

The court held that the installation of a tubewell on private land without consent is illegal. It directed the Block Development Officer to remove the structure within one month, with liberty for the petitioner to remove it himself with police assistance if the authorities fail.

What did the court decide?

Directed Block Development Officer to remove tubewell within one month. Liberty to petitioner to remove with police assistance if not done.

Ram Prasad Kundu Vs State of West Bengal and… — Public Procurement and Tenders | Calcutta HC (2023)

¶1

24.03.2023 Court No. 19 Item no.78 CP

¶2

WPA No. 4215 of 2023

¶3

Sri Ram Prasad Kundu Vs. The State of West Bengal & Ors.

¶4

Mr. Siva Prasad Ghose

¶5

……for the petitioner.

¶6

Mr. Benazir Ahmed Mr. Prasanta Giri …..for the State.

¶7

Despite service, none appears on behalf of the respondent nos. 5 and 8.

¶8

The Block Development Officer who is the Executive Officer of the Deganga Panchayat Samiti is represented by learned counsel for the State respondents. The specific report along with the annexures which have been filed before the court indicate that the Block Land and Land Reforms Officer had already intimated the Block Development Officer by a letter dated February 22, 2023 that Plot No. 804 of Mouza – Berachampa was not suitable for execution of any Government project. The written instruction of the Block Development Officer is kept on record.

¶9

The Block Development Officer (Executive Officer of the Deganga Panchayat Samiti) submits

¶10

¶11

that the respondent no. 8 was intimated repeatedly not to install the tubewell on Plot No. 804 of Mouza – Berachampa. Despite such request, the construction was completed overnight without any intimation to the panchayat samiti.

¶12

As it is the categorical stand of the Block Land and Land Reforms Officer and Block Development Officer that the land in question was not suitable for implementation of any Government project and as it has been specifically stated by the executive head of the said samiti that the respondent no. 8 had been asked not to install the tubewell, the writ petition is disposed of by directing the Block Development Officer to take immediate steps for removal of the tubewell.

¶13

If the authorities fail to do so, the petitioner will be at liberty to remove the same.

¶14

The authorities can use private land only upon consent of the land owner or upon paying compensation in some manner. Such negotiation may be done if the parties want to retain the tubewell but forceful utilisation of the area of the land of the petitioner when the State respondents are categorical that the installation of the tubewell on the said land should not be allowed, is completely illegal and unauthorised.

¶15

¶16

If the respondents fail to remove the tubewell within a period of one month from the date of communication of this order, the petitioner shall seek police assistance and upon payment of usual charges the police authorities will co-operate with the petitioner when the petitioner removes the said installation of tubewell.

¶17

The samiti will be free to proceed against the contractor who refused to adhere to the direction of the Executive Officer, in accordance with law.

¶18

Accordingly, the writ petition is disposed of.

¶19

However, there will be no order as to costs.

¶20

All the parties are directed to act on the basis

¶21

of the server copy of this order.

¶22

(Shampa Sarkar, J.)

Ram Prasad Kundu v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Ram Prasad Kundu v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pranab Kumar Dey Vs Juthika Paul Pradhan

Nazia Rahman Vs Binod Kumar and Another

Sariful Islam Vs State of West Bengal and Ors.

Gayatri Gupta Vs Kolkata Municipal Corporation and Ors.

Chanchal Kumar Ghosh and Ors. Vs State of West Bengal and Ors.

Sk. Shahajahan Vs State of West Bengal and Ors.