‘Encroachment’: HC stays eviction of Adivasi families from highway land

Kolkata: The Calcutta High Court has reportedly stayed an eviction order against the Adivasi families who were accused of encroaching a Highway land.

The Bench of Justice Aniruddha Roy is learnt to have imposed a status quo against their removal. The petitioners had challenged an order of the district magistrate (appellate authority) passed in September 10,2024 upholding the eviction order passed by the sub-divisional magistrate against the petitioners for alleged encroachment on highway land.

The main issue raised was that neither the initial nor the appellate authority came out with a specific finding which could determine whether the land in question was part of the relevant highway. It was stated that the application under West Bengal Highways Act, 1964 depends on such a finding and which directly impacts the legality of the eviction proceedings.

The court reportedly recognised 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.

The court 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

next on November 12.