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CALCUTTA HIGH COURT
Amrita Sinha, J
Sk. Nekbar Ali & Ors. – Appellant
Versus
The State of West Bengal & Ors. – Respondent
| Table of Content |
|---|
| 1. use of proper notice under the act for encroachments. (Para 1 , 2) |
| 2. inadequacy of notice service demonstrated by signature mismatches. (Para 3 , 4 , 5 , 6) |
| 3. lack of proper notice renders enforcement actions invalid. (Para 7 , 8) |
| 4. court's directive for future compliance with legal notice requirements. (Para 9 , 10) |
1. Report in the form of affidavit by the Assistant Engineer, Uluberia Highway Sub-Division, Public Works (Roads)
Directorate filed in Court today is taken on record.
2. Certain documents have been annexed to the report in support of the submission that proper notices under the West Bengal Highways Act , 1964 were issued to persons found to be in unauthorized encroachment over the public land.
3. On a perusal of the documents annexed at pages 26, 39 and 45 of the report, the Court is not convinced with the service of notice upon the persons against whom steps are being taken for removal of unauthorized encroachment.
4. The aforesaid documents contain signatures of eight persons. The signatures in all the aforesaid three pages are different from each other. None of the signatures tally with each other.
5. Though the Court is not an expert to deal with ha
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