Tapan Mahato v. State of West Bengal and Ors.
WRIT PETITION (LAND/ROAD WIDENING – NO ACQUISITION, NO COMPENSATION)
Case brief
What is this about?
Tapan Mahato v. The State of West Bengal & Ors., W.P.A. 11896 of 2025, order dated 10.07.2025, Partha Sarathi Sen, J. Road widening by respondent no.6 allegedly using petitioner's land without acquisition proceedings or compensation; apprehension of demolition of residential house; prior representation to respondent no.2 in vain. Writ petition disposed of: BL & LRO field enquiry with notice to petitioner and respondent no.7; demarcation report to respondent no.6 within 30 working days; hearing and reasoned order by respondent no.6 treating writ petition as representation; completion within 45 working days; timelines mandatory and peremptory; demolition of residential house restrained till reasoned order communicated. No statute or precedent cited; no monetary amount awarded.
What did the court decide?
Writ petition disposed of with directions: (i) jurisdictional BL & LRO to conduct a field enquiry after prior notice to the writ petitioner and respondent no.7 and submit a report to respondent no.6 within 30 working days of communication of the server copy; (ii) respondent no.6 to treat the writ petition as the petitioner's representation, afford a hearing, and pass a reasoned order in the light of the demarcation report within 45 working days, communicating it preferably by mail; (iii) time limits declared mandatory and peremptory; (iv) no respondent authority to cause any work of demolition of the petitioner's residential house till the reasoned order is passed and communicated; liberty to communicate the server copy to respondent nos.5 and 6.