'Comprehensive Examination Required': Calcutta HC Appoints Amicus Curiae To Deal With Petitions On Illegal Encroachment Of Water Bodies In State

The Calcutta High Court on Monday appointed an Amicus Curiae to deal with petitions pertaining to illegal encroachment of water bodies in the State. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed that several petitions are being filed before the Court alleging that water bodies in the State are being illegally filed up.

Opining that a comprehensive examination is required, the Court remarked, 

"We find that several such petitions are filed before this Court with the allegation that the water bodies in the State either belonging to the government or to the private persons are being illegally filled up. Therefore, a comprehensive examination of the issue is required."

Accordingly, the Court directed advocate Anindya Lahiri to act as an Amicus Curiae and assist the Court in examining the issue.

The Court was adjudicating upon a Public Interest Litigation (PIL) alleging that the property situated at the District of Purba Medinipur, Block – Panskura-II, Mouza – Bangalur, J.L. no.317, Khatian no.1 and Dag no.17, which is a government property and a water body classified as Khal, is being illegally filled up by some unknown persons by encroaching upon the same.

Thus, the Court directed the counsel appearing for the State to file a report before the next date of hearing on the status of the water body on the spot and also the status which is being reflected in the record of the State.

"The State authorities are directed to restrain from filling up of the plot in question if it is a water body", the Court ordered further. 

The matter is slated to be heard next on July 26. 

Recently, the Madras High Court had issued a slew of directions pertaining to the illegal encroachment of water bodies. 

Case Title: Dipok Dinda v. State of West Bengal and Ors 

Case Citation: 2022 LiveLaw (Cal) 155

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