Municipal authority directed to inspect alleged encroachment and take removal steps if unauthorized construction is confirmed.

The petitioner filed a writ petition alleging unauthorized and illegal encroachment and construction on public land by private respondent nos. 6 and 7

The petitioner had previously submitted a representation to the jurisdictional authority on February 10, 2026, which remained unaddressed

During the hearing, the Siliguri Municipal Corporation (Respondent Nos. 1-3) contended that the subject land belongs to the Public Works Department (PWD) and falls outside their jurisdiction

1. Whether the alleged unauthorized construction is situated on land under the jurisdiction of the Siliguri Municipal Corporation or the Public Works Department

2. Whether the jurisdictional authority is required to take consequential steps for the removal of the alleged encroachment following a joint inspection

The court applied the principles of Constitutional Writ Jurisdiction under Article 226, focusing on the duty of municipal and statutory authorities to address representations regarding unauthorized constructions on public land

The court relied on the principle of administrative accountability, requiring authorities to conduct inspections with reference to existing land records and coordinate with the Block Land Land Reforms Officer (BLLRO) to determine title and jurisdiction before taking enforcement action

The Court noted the dispute regarding the ownership of the land where the encroachment was alleged. To resolve the factual uncertainty, the Court directed Respondent No. 2 to conduct a joint inspection involving all parties and the BLLRO to verify land records

The Court reasoned that if the land is found to be municipal property, the authority is legally bound to act within a specific timeframe (four weeks) to remove the encroachment

Conversely, if the land pertains to the PWD, the municipal authority lacks the standing to act, and the petitioner must seek alternative legal remedies

This approach ensures that administrative action is preceded by a fair hearing and factual verification.

The holding stipulates that if the encroachment is on municipal land, Respondent No. 2 must remove it within four weeks of the inspection report, with police assistance if necessary

If the land belongs to the PWD, the municipal authority is absolved of further duty, and the petitioner is at liberty to pursue other legal steps

No costs were awarded