Calcutta High Court says person has right to enjoy property lawfully, junks ‘mechanical’ survey of disputed plot
Right to property: Justice Biswaroop Chowdhury allowed a petition opposing a survey report of a disputed property filed by the claimants in Purba Bardhman district and ordered a fresh investigation in the matter.
3 min readNew DelhiUpdated: Jan 20, 2026 05:44 PM IST
Calcutta High Court News: The special officer upon going through the survey report of the surveyor/survey passed, if satisfied, shall submit the same before the trial court, directed the Calcutta High Court. (Image generated using AI)
Calcutta High Court News: The Calcutta High Court recently observed that a person has the right to use and enjoy property lawfully occupied by him without interference by others stating that right to property is a Constitutional right and ordered fresh investigation in a dispute.
Justice Biswaroop Chowdhury allowed a petition opposing a survey report of a disputed property filed by the claimants in Purba Bardhman district.
“Right to property although not a fundamental right, is a constitutional right. A person has the right to use and enjoy property lawfully occupied by him without interference by others,” the court on January 15 said.
The Calcutta High Court said that in the interest of justice there should be a survey once again under a special officer. (Image enhanced using AI)
Findings
In the interest of justice there should be a survey once again under a special officer.
Advocate Raja Ghosh is appointed as special officer to carry out the investigation under his supervision.
The survey and measurement work shall be under the supervision of the special officer.
The parties shall furnish the property map before the special officer for doing the needful.
The special officer upon going through the survey report of the surveyor/survey passed, if satisfied, shall submit the same before the trial court.
The investigation work should be completed by the special officer within four weeks.
The report of the commissioner (an advocate commissioner appointed by the court) should be clear and specific in property dispute matters such as encroachment and interference in the peaceful use and occupation.
It becomes easy for the court to arrive at a decision upon considering the clear and specific report.
The case originated from a title suit concerning allegations of encroachment and interference with possession, with the plaintiff seeking permanent and mandatory injunctions.
During the trial, a local investigation was ordered.
Following this, an advocate commissioner submitted a report along with a case map and field book.
On May 30, 2023, the trial court accepted the commissioner’s report, observing that it was based on “scientific survey methods” and did not suffer from any fatal defects.
Aggrieved, the defendants approached the high court, contending that the trial court accepted the report mechanically without addressing serious objections regarding the manner in which the survey was conducted.
Arguments
Advocates Sounak Bhattacharya, Sounak Mandal submitted that the commissioner admitted in the cross-examination that he had not relied on the record settlement maps of the property, making the report incomplete and misleading.
The deficiencies in the report went to the root of the matter and could not be brushed aside as mere technicalities, the counsel said.
Opposing the petition, advocate Bipasha Bhattacharyya along with others submitted that acceptance of a commissioner’s report is an interlocutory step and not conclusive.
The high court, while exercising supervisory jurisdiction under Article 227, should not interfere unless the order is perverse, the counsel said.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability.
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Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
The Calcutta High Court said that in the interest of justice there should be a survey once again under a special officer. (Image enhanced using AI)
