Arabinda Das & Ors vs State Of West Bengal & Ors
2023 Latest Caselaw 3102 Cal

01.05.2023 sayandeep

WPA 9482 of 2023

Arabinda Das & Ors.

-Versus-

State of West Bengal & Ors.

Mr. Sudhasatva Banerjee Mr. Manish Biswas Mr. Akash Dutta Mr. Mrinal Kanti Biswas ..... for the petitioners

Mr. Nilotpal Chatterjee Mr. Prantick Gorai ......for the State

Learned counsel appearing for the petitioners

submits that counsel will not argue any further on

the point of the land being a public land under the

1971 Act since the petitioners have already received

the compensation for the demolition caused to the

petitioners' temporary structure. Counsel however

wishes to argue on the point of the proposed health

center blocking a substantial part of the petitioners'

egress and ingress to the property. Counsel places

documents to show that the State has not been able

to show any rational basis for choosing the particular

plot of land which is in front of the petitioners'

property as larger plots of land were available to the

State free of any objections.

Learned counsel appearing for the State seeks

to place various provisions of the West Bengal

Panchayat Act, 1973 to say that there was no malice

in law on the date when the concerned authority

wrote to the political functionaries of the area.

List this matter tomorrow, i.e., 02.05.2023

under the heading "For Judgment" on the point of

ingress and egress and malice in law.

(Moushumi Bhattacharya, J.)