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2025 Supreme(Online)(Cal) 3141
CALCUTTA HIGH COURT
Amrita Sinha, J
Sk. Nekbar Ali & Ors. – Appellant
Versus
The State of West Bengal & Ors. – Respondent
Constitutional Writ Jurisdiction WPA 14357 of 2025
For the Appellants/Petitioners: Mr. Imtiaz Ahmed, Ms. Ghazala Firdaus, Mr. Sk. Saidullah, Mr. Mithun Mondal, Mr. Md. Arsalan
For the Respondents: Mr. Sandip Mondal, Mr. Subhajit Chowdhury
Notice requirements under the West Bengal Highways Act, 1964 must be strictly followed to validate actions against unauthorized encroachments.
Headnote:This case examines the proper issuance of notices under the West Bengal Highways Act, 1964 regarding unauthorized encroachments. The court found that notices lacking valid signatures of the concerned parties failed to meet legal requirements, leading to the conclusion that steps taken under these notices could not be legally sustained. The ruling set aside the impugned order for not adhering to statutory procedure, allowing the respondents to act per the Act's provisions on proper notification.
| Table of Content |
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| 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 handwriting but a bare perusal with the naked eye is enough to suggest that the signatures of the said persons have not been made by the persons mentioned in the notices.
6. The signatures of the persons who are the writ petitioners also do not tally with the signatures made in the vakalatnama annexed to the writ petition.
7. In view of the above, the Court is constrained to hold that steps have been taken under the Act without serving proper notice upon the petitioners. Steps taken in furtherance of such notice cannot be sustained in law.
8. The impugned order dated 28th February, 2025 is, accordingly, set aside for want of proper notice under the Act. Steps taken to remove the petitioners are also set aside.
9. The respondents are granted liberty to take steps strictly in accordance with the provisions of the West Bengal Highways Act , 1964 against the persons who are unauthorizedly occupying government land.
10. The writ petition stands disposed of.
