Calcutta HC Passes Injunction Order Restraining Activities On River Banks, Alluvial Landscapes Etc. Across West-Bengal

The injunction order has been passed by the Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee on a writ plea filed projecting the devastating impact of ruthless intrusion into alluvial lands which are spread over of river banks.

The Court has also directed that the injunction be treated as,

"one against any person indulging in activities in any such area in the State of West Bengal."

Further, the Court has also directed that the order 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.

Before the Court, the counsel appearing for the Government submitted that the complaint of the Writ Plea related to lands lying adjacent to lands vested in Government.

To this, the Court said,

"Obviously, therefore, there cannot be any private individual right being permitted to operate on the lands which abut the flowing river or stagnant river or a stagnant water body as well as the banks thereof including the alluvial landscape."

Such activities, the Court added, would also be tremendously prejudicial to the interest of the State if the lands which are vested in it are not protected.

Importantly, the State Government submitted before the Court that the local authorities, namely, the BL & LRO and other Revenue Authorities, as well as the police authorities, were taking stringent measures to stop the operation of the illegal brick kilns and other illegal activities.

In view of the State Government's submission, the Court remarked,

"Obviously, therefore, the parcels of land in that area have to be protected not only from the private respondents who are added as parties with allegations against them, but also from being scouted upon by any person except where the requisite sanction is given in strict conformity with the laws governing activities on rivers including river banks or on alluvial landscapes."

Consequently, the Court passed an order of injunction restraining any activity on the lands which are river banks or alluvial landscapes or alluvial lands whether in the form of brick kilns or brick-making process or other activities.

Lastly, the Court directed that report of action taken on the basis of the instant order be placed before the Court on behalf of the State Government in the form of an affidavit before the next date of hearing.

The matter has been posted for further hearing on 11^th June 2021.

Case title - Uttam Kumar Paul v. The State of West Bengal & Ors. [WPA (P) 32 of 2021]

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