Building demolished for enroaching government land while survey maps showed the property had all approvals; High court orders reconstruction, Rs 10 lakh compensation

A two-storey commercial building in West Bengal was demolished during an eviction drive carried out to remove alleged encroachment on government land, but the Calcutta High Court found that the authorities had gone beyond the area identified as government land and also demolished a building standing on a private plot.

The court noted that Revenue Inspector reports and sketch maps had separately identified encroachment on government plots, while the demolished building stood on LR Plot No. 650, a raiyati land belonging to the petitioners. The High Court has now ordered the authorities to construct a new building according to the sanctioned plan and pay the petitioners Rs 10 lakh as compensation.

Calcutta High Court demolition case involving government land

Justice Partha Sarathi Sen heard the writ petition filed by Kabita Manna and another against the State of West Bengal and other respondents.


The dispute started after complaints were made alleging illegal construction over a Public Works Department road. In August 2024, a coordinate Bench of the High Court directed the authorities to take appropriate action if illegal encroachment was found.

The jurisdictional Executive Engineer later said a fresh demarcation of the government plot was required. A Revenue Inspector submitted a report and sketch map dated September 10, 2024.

Another case followed, again alleging encroachment on government land. The High Court directed the Executive Engineer to pass a reasoned order and take consequential action if encroachment was found.

The authorities eventually ordered removal of encroachment from LR Plot Nos. 1 and 12.

Revenue survey maps showed separate government and private plots

The petitioners told the High Court that LR Plot Nos. 649, 650, 1 and 12 were contiguous lands, but ownership was different. The petitioners owned LR Plot No. 650, while Plot Nos. 1 and 12 were government land.

The Revenue Inspector's September 10, 2024 report marked encroachment on Plot Nos. 1 and 12 with the letter "A". A second field enquiry and sketch map dated March 17, 2025 also identified encroachment on those government plots.

The petitioners argued that the authorities were authorised to remove the encroachment from the government land, but had also demolished their building on LR Plot No. 650.

The State disputed the allegation and argued that the petitioners had not produced enough material to prove that officials had exceeded their limits during demolition.

Why was the private building demolished?

The High Court examined the two Revenue Inspector reports along with an attendance sheet prepared during the May 17, 2025 eviction programme.

The attendance sheet recorded that the removal of encroachment was carried out on government PWD Plot No. 1 "in front of Rayati land" relating to RS Plot No. 613 and LR Plot No. 649.

The court compared this wording with the two sketch maps. It found that LR Plot Nos. 649 and 650 were contiguous, while LR Plot Nos. 1 and 12 were not adjacent to LR Plot No. 649.

Based on the documents, Justice Sen concluded that the demolition process had extended beyond the government land and had also resulted in the removal of the petitioners' construction on LR Plot No. 650.

The court said the authorities had therefore "exceeded their limit" while carrying out the demolition.

Building had Gram Panchayat sanction plan

The petitioners also produced documents showing that they were raiyats in respect of LR Plot No. 650.

A two-storey commercial building had been constructed on the plot after obtaining a sanction plan from Bishnubar-1 Gram Panchayat in Naikuri, Purba Medinipur.

The judgment records that the second petitioner and private respondents were carrying on business from the building, including a business operating under the name M/s Sreedhar Engineering Company.

The court found sufficient evidence to conclude that the construction standing on the private plot had been dismantled during the demolition exercise.

Calcutta HC orders new building within two years

The High Court allowed the writ petition and directed respondent No. 2 to construct a new building for the petitioners according to the sanctioned plan submitted with their case.

The construction must be completed within two years from the date the server copy of the judgment is communicated. The court made the deadline mandatory and directed the authority to hand over possession soon after construction is completed.

The court also directed the authorities to provide the petitioners with alternative accommodation, preferably in the same locality, free of cost until the new building is completed and handed over.

Rs 10 lakh compensation ordered in two instalments

Apart from reconstruction and alternative accommodation, the Calcutta High Court ordered Rs 10 lakh as compensation for the demolition of the petitioners' property without lawful authority.

The amount has to be paid in two equal instalments of Rs 5 lakh each.

The first instalment must be paid by the end of October 2026, while the second and final instalment must be paid by the end of February 2027.

The court disposed of the writ petition with these directions.