PROTIK PRAKASH BANERJEE,J. - (1.) The writ petition was moved on service and challenged initially an attempt by the authorities of the respondent 1 to demolish the boundary wall and stair case of the residential building of the writ petitioner lying and situated at Dag No. 1484 and 1485, Khatian No. 1407/8, J. L. No. 26, Mouza - Sodepur, Police Station - Pursurah, District - Hooghly, on allegations of encroachment of public lands.
(2.) The case made out in the writ petition is that the purported attempt to demolish was made in violation of the relevant provisions of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 including provisions for notice and opportunity of being heard. The petitioner naturally alleges that this is a case of violating of right to shelter without following procedure established by law. He is thus invoking Article 91(1)(g) read with Section 21 and Article 300A of the Constitution of India. It is needless to mention that the first two are rights guaranteed under part III of the Constitution of India.
(3.) During the course of hearing Mr. Dilip Samanta, learned advocate appearing with Biswapriya Samanta had submitted on February 8, 2018 that an order of demolition had been passed granting the writ petitioner merely 15 days to demolish the said encroachment.;