Tomim Hossain Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Tomim Hossain Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: the added respondent (Assistant Engineer, PWD, Burdwan Sub-Division) to take necessary steps in accordance with law if the illegal encroachment from the PWD road has not been removed pursuant to the notice dated 26.11.2025, and to complete the entire exercise under Section 10(3) of the 1964 Act as expeditiously as possible and positively within eight weeks of receipt of a server copy of the order; no order as to costs.

Issue for consideration

Whether the State/PWD authorities are obliged to take steps in accordance with law for removal of the illegal encroachment/unauthorised construction from the PWD road, including initiation and completion of proceedings under Section 10(3) of the West Bengal Highways Act, 1964, following the notice under Section 10(1). +1 more

Court's answer

The entire exercise under Section 10(3) of the 1964 Act shall be completed by the concerned authority as expeditiously as possible.

Ratio / Principle

The Assistant Engineer, Public Works Department, Burdwan Sub-Division (added respondent) is directed to take necessary steps in accordance with law in the event the illegal encroachment from the PWD road has not been removed pursuant to the notice dated 26.11.2025.

Key takeaways

The exercise under Section 10(3) of the 1964 Act is to be completed positively within a period of eight weeks from receipt of a server copy of this order.ratio¶14

Detailed headnote1 paragraphs

Writ petition (WPA 22366 of 2025) concerning encroachment on a PWD road. Pursuant to an earlier order dated 11.11.2025, the Executive Engineer, Public Works Department filed a report in the form of an affidavit recording that a notice under Section 10(1) of the West Bengal Highways Act, 1964 had been issued to the private respondent to remove the encroachment, and that if the unauthorised construction was not removed within the stipulated time, appropriate proceedings under Section 10(3) of the 1964 Act would be initiated. The petitioner's counsel pointed out that the time under the notice dated 26.11.2025 had expired without further steps. The Assistant Engineer, Public Works Department, Burdwan Sub-Division was added as a party respondent and directed to take necessary steps in accordance with law if the encroachment had not been removed, and to complete the entire exercise under Section 10(3) of the 1964 Act positively within eight weeks of receipt of a server copy of the order. Writ petition disposed of; no order as to costs.

Sl.16 06.03.2026 Court No.19 BP WPA 22366 of 2025

Tomim Hossain -versus-

The State of West Bengal & Ors.

Ms. Sulekha Mitra Mr. Manas Kumar Das ..for the petitioner Mr. Swapan Banerjee Mr. Soumen Chatterjee ..for the State

On the prayer of Ms. Mitra, learned advocate for the petitioner, leave is granted to the learned advocate on record of the petitioner to add the Assistant Engineer, Public Works Department, Burdwan Sub-Division as a party respondent in this writ petition. Let such amendment be carried out in the cause title of the writ petition, here and now.

Since the State is represented by Mr. Banerjee, learned advocate, there is no necessity to serve a copy of the amended writ petition upon the added respondent. However, the learned advocate on record of the petitioner shall be obliged to forward an amended cause title of the writ petition upon Mr. Banerjee, learned advocate for the State forthwith.

Pursuant to the order dated 11^th November, 2025 the Executive Engineer, Public Works Department filed a report in the form of an affidavit which is taken on record. A copy of such report has already been supplied to the learned advocate for the petitioner.

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After going through the said report this Court finds that the notice under Section 10(1) of the West Bengal Highways Act, 1964 has been issued to the private respondent directing him to remove the encroachment from the PWD road within the time limit indicated in the said report. The said report further states that if the unauthorised construction is not removed within the stipulated time appropriate proceedings under Section 10(3) of the 1964 Act shall be initiated.

Mr. Banerjee, learned advocate appearing for the State submits that necessary steps in accordance with law shall be taken and the entire exercise shall be completed within the time limit as may be fixed by this Court.

Ms. Mitra, learned advocate appearing for the petitioner submits that though the stipulated time limit to remove the encroachment has long expired but no further steps thereafter has been taken by the Assistant Engineer, Public Work Department, Burdwan Sub-Division.

The Assistant Engineer, Public Work Department, Burdwan Sub-Division being the added respondent is directed to take necessary steps in accordance with law, in the event the illegal encroachment from the PWD road has not been removed pursuant to the notice dated 26^th November, 2025 and the entire exercise under Section 10(3) of the 1964 Act shall be completed by the concerned authority as expeditiously as possible but positively within

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a period of eight weeks from the receipt of a server copy of this order.

With the above observations, WPA 22366 of 2025 stands disposed of.

There shall be however no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)