Case: Uttam Kumar Paul v. The State of West Bengal & Ors. [WPA (P) 32 of 2021]
Excerpt
The Calcutta High Court passed an injunction order in the instant matter. It restrained any activity on river banks or alluvial landscapes or alluvial lands across the State of West Bengal.
Facts
The Petitioner filed the instant writ petition against the diverse effect on the alluvial lands near the river banks. The Petitioner alleged the private individuals to cause hindrance to flowing or stagnant rivers or other water body including the alluvial lands.
Arguments Advanced
Learned counsel for Government contended that the instant petition was about the lands vested in Government. Thus, he argued that no private individual should have the right to operate on the said lands. Further, he drew attention towards the restrain on the flowing or stagnant water body and the alluvial landscape. The State Government also contended that the local authorities, other Revenue Authorities and the police authorities took stringent measures to stop all the illegal activities.
Court’s Observations
The Bench of Hon’ble Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee observed that such activities could cause prejudice to the state’s interest. Thus, the Court passed an injunction order in the instant matter. The Court directed that the injunction was against any person indulging in activities in such area within the State. It ordered for strict enforcement by the jurisdictional BL & LRO, the District Magistrate, the Superintendent of Police and police officers under the command of the Superintendent of Police in every district concerned. The Court also put restrain on any activity on such lands even in the form of brick kilns or brick-making process or other activities.
Judgement
The Hon’ble Court listed the instant matter for further hearing on 11th June 2021. Further, it directed the state government to file a report on the instant order before the next date of hearing.
Click here to view the Judgement.
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