Calcutta High Court Stays Eviction Order Against 'Adivasi' Families For Alleged Encroachment On Highway Land

The Calcutta High Court has imposed a status quo against the removal of Adivasi families who were allegedly encroaching on Highway land. The order was passed by Justice Aniruddha Roy.

The petitioners challenged an order dated September 10, 2024, issued by the district magistrate (appellate authority) upholding the eviction order passed by the subdivisional magistrate against Adivasi families for alleged encroachment on highway land.

The core issue raised was that neither the initial nor the appellate authority provided a specific finding, with supporting reasons and materials, determining whether the land in question is part of the relevant highway.

It was stated that the application under the West Bengal Highways Act, 1964, depends on such a finding, which directly impacts the legality of the eviction proceedings.

The court recognized that this was a fundamental point of law and remitted the matter back to the respondent (the appellate authority) to determine whether the encroached land falls under the State Highway.

It observed that the appellate authority was required to give the petitioners a hearing and issue a reasoned order based on supporting materials. Thus, the status quo was directed to be maintained regarding the possession of the land until November 30, 2024.

The case will be taken up again on November 12, 2024.

Mr. Bikash Ranjan Bhattacharya, Sr. Adv., Mr. Purbayan Chakraborty, Mr. Deeptangshu Kar…Advocates for the petitioners.

Case: Shyamsundar Singh & Ors. -vs- The State of West Bengal & Ors. 

Case No: WPA 24369 of 2024

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