The Calcutta High Court has directed the District Magistrate of Purba Medinipore to consider a representation made by the petitioner regarding the illegal construction of a road on the property of the Bankim Chandra Chattopadhyay National Memorial Trust.
The trust was created by a deed of trust in 1977, and the petitioner claims to be a member of the family of the donors of the land to the trust.
The dispute arose when the Contai Municipality constructed a road in the middle of the trust property without initiating any acquisition proceedings or paying compensation to the trust.
The petitioner alleges that this construction is illegal and may result in the destruction of the statue of Rishi Bankim Chandra Chattopadhyay.
The municipality, however, claims that there is an existing pathway on the property, which the petitioner disputes.
The Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya held that this disputed issue cannot be adjudicated in a petition based on affidavits.
Instead, the court directed the District Magistrate to consider the petitioner’s representation, inspect the property, and examine the Record of Rights and other documents produced by the petitioner.
The District Magistrate is required to pass a reasoned order on the merits of the case in accordance with the law within 12 weeks from the date of submission of the representation.
With this direction, the petition has been disposed of.