IMPORTANT POINT
The rights of the landowner are protected by the Constitution, and the burden of proof lies with the respondents to dispute the ownership claim.

JUDGMENT :

Rai Chattopadhyay, J.

1. The writ petitioner is aggrieved that upon the free hold land owned by him, some other private person has encroached and put up placard/stone made slab, in order to use the piece of land as a children’s park, subsequently to be built over there. The brief fact of the case leading to filing of the present writ petition may be narrated as herein below:-

2. Petitioner says that he is a co-owner with respect to the premises no. 38A, Jyotish Roy Road, P.S.-Behala, Dist-South 24 Paragnas, which comprises within R.S. Dag No. 91, J.L No.10 in Mouza-Italghata. The land is measured about 2 Cottahs and 8 Chittaks with a structure there on and passage for ingress and egress.

3. In support, the petitioner has relied on a deed of conveyance executed on April 23, 1992, between the vendors named therein, with the following four persons, namely, Indrajit Santra, Biswajit Santra, Ranjit Santra and Prosenjit Santra. Thus, he says that he has become the joint owner with respect to the premises no. 38A.

4. An incident of November 1, 2017, has been mentioned that the writ petitioner found some masons constructing, over the piece of land jointly owned by him with the other purchasers as named above. According to the writ petitioner respondent no. 8, who happens to be an acquaintance of respondent no. 7, was found to be in overall supervision of the construction work.

5. He says that the stone made slab installed over the said piece of land would read as follows:-

“With the financial assistance of Hon’ble Tarak Singh and collaboration of the Kolkata Municipal Corporation a gracious inauguration ceremony of a beautiful coloured Fountain at ‘Charubabur Jheel’ adjacent to Jyotish Roy Road area will be held on 19th November, 2017 Sunday at 7.00 P.M.”

6. A proceeding under Section 144, sub-section 2 of the Code of Criminal Procedure was initiated by the writ petitioner, before the Executive Magistrate at Alipur, in which, in compliance of the Magistrate’s orders the police has submitted a report of enquiry. The writ petitioner says that according to the said report respondent no. 8 has made statement that an amusement park is being built up with permission of the respondent no. 1/Kolkata Municipal Corporation at 38A/51, Jyotish Roy Road, Behala. According to the said police report new constructions and installations of swings, slides, sitting spaces could be found at the bank of the water body situated in the said premises.

7. The writ petitioner has alleged about encroachment of the landed property owned by him with the other owners thereof and connivance of the respondent nos. 7 and 8 with respondent no. 1/Kolkata Municipal Corporation in order to illegally and unauthorisedly grabbing the said property for the purpose of construction of an amusement park for children. The writ petitioner is aggrieved against the respondent no. 1 in so far as that the respondent no. 1 without acquiring the concerned property from its owner, i.e., the writ petitioner, could not have colluded with the respondent nos. 7 and 8 for converting it for use by the general public. The respondent no. 1 is said to have no authority in granting permission for any type of construction to anybody over the said piece of land excepting the writ petitioner and its collusion with the respondent nos. 7 and 8 for alleged usage of the said piece of land is said to be illegal. The writ petitioner seeks an order, to set aside any such decision of the respondent no. 1 and delivery of unencumbered possession of the said land, by the respondent no. 1, to him.

8. He prays for the relief that the respondent no. 1 should revoke permission/sanction accorded to the respondent nos. 7 and 8 for using petitioner’s land as a children’s park, that the respondent no. 1 should not allow the respondent nos. 7 and 8 to undertake any type of construction over the said piece of land they being the outsider so far as the ownership of the land is concerned and any other appropriate relief.