Calcutta High Court Directs West Bengal Government to File Affidavit on School Encroachment Removal
The Calcutta High Court's Jalpaiguri Circuit Bench issued a significant directive on Monday, ordering the West Bengal government to submit an affidavit confirming that alleged encroachers have been removed from the primary school of Ananda Marga Pracaraka Samgha in Cooch Behar. This order came after the Samgha contested the state's assertions regarding the removal of the encroachment.
Background of the Case
Ananda Marga approached the bench presided over by Justice Suvra Ghosh, raising concerns that outsiders were disrupting the operations of their school located in Gopal Nagar. The Samgha alleged that these individuals had illegally occupied a portion of the school premises, causing significant disturbances to its educational activities.
Despite filing a formal complaint with state authorities, the Samgha reported on February 6 that no corrective measures had been implemented. In response, the state government informed Justice Ghosh on February 9 that police intervention had successfully cleared the alleged encroachment from the school property.
Court's Directive and Legal Implications
Justice Ghosh, addressing the conflicting claims, directed the state to provide sworn documentation to substantiate its position. "Since the counsel for the state submits that the alleged encroachment was removed, an affidavit be sworn by the state in this regard," Justice Ghosh stated, emphasizing the need for formal verification.
This legal development highlights several critical aspects:
- Accountability in Governance: The court's insistence on an affidavit underscores the importance of transparency and accountability from state authorities in addressing public grievances.
- Protection of Educational Institutions: The case brings to light the vulnerabilities faced by educational establishments from external disruptions and the legal mechanisms available for their protection.
- Judicial Oversight: It demonstrates the proactive role of the judiciary in ensuring that government actions are properly documented and verified, particularly in sensitive matters involving community institutions.
Broader Context and Significance
The incident at the Ananda Marga school is not an isolated event but reflects broader issues of land encroachment and administrative responsiveness in West Bengal. Such cases often involve complex interactions between local communities, religious or social organizations, and state machinery.
Key points to consider include:
- The Samgha's persistent efforts to seek legal recourse highlight the challenges faced by non-governmental organizations in securing their rights against alleged encroachments.
- The state's claim of police action raises questions about the effectiveness and timeliness of law enforcement interventions in similar disputes across the region.
- The court's directive may set a precedent for future cases, requiring more rigorous documentation from authorities when asserting compliance with judicial or administrative orders.
As the West Bengal government prepares its affidavit, stakeholders will be closely monitoring the outcome, which could influence how similar encroachment issues are handled in the future, ensuring that educational and community spaces remain protected under the law.
