A division bench of the Calcutta High Court comprising of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee in the present Writ Petition (titled Uttam Kumar Paul v. The State of West Bengal) was dealing with an issue that highlighted the devastating impact of ruthless intrusion into alluvial lands which were spread over river banks. The Bench ordered an injunction laying down restrictions on any activity on the lands (which are river banks or alluvial landscapes or alluvial lands across the State of West Bengal).
Background of the Petition
This writ petition projected the devastating impact of ruthless intrusion into alluvial lands which are spread over river banks.
Submissions of the Government Counsels
The learned counsel appearing for the Government submitted that the complaint is related to lands that are lying adjacent to lands vested in Government. Therefore, there cannot be any private individual right being permitted to operate on the lands above the flowing river or stagnant river or a stagnant water body as well as the banks thereof including the alluvial landscape. Such activities will also be tremendously prejudicial to the interest of the State if the lands which are vested in it are not protected.
Judgment of the court
The Bench in the present Writ Petition passed injunction order restraining any activity on the lands which are river banks or alluvial landscapes or alleviated lands whether in the form of brick kilns or brick-making process or other activities.
Court hereby stated that,
“This injunction will be treated as one against any person indulging in activities in any such area in the State of West Bengal and shall be strictly enforced 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 directed that a report of action taken on the basis of this order shall be placed before the Bench on behalf of the State Government in the form of an affidavit in the next date of hearing.
Case Details
Case Title: Uttam Kumar Paul v. The State of West Bengal & Ors. [WPA (P) 32 of 2021]
Bench: Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee
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