‘Papers can’t show encroachment’: Calcutta High Court orders survey in property dispute

The Calcutta High Court recently ordered a survey investigation in a property dispute case, rejecting the trial court's argument that documents alone were sufficient to decide the matter. Justice Uday Kumar stated that survey commissions help bridge the gap between paper title and physical reality. The case involved a woman claiming ownership of a house inherited from her parents, asserting that she had a sole and exclusive pathway through a common passage attached to the north-east corner property.

However, the defendants allegedly encroached upon the common passage by constructing an unauthorized water reservoir and other structural violations. The woman filed a police report and subsequently a civil case against the defendants. The high court noted that while documents prove legal ownership, they do not provide the precise physical features or encroachments.

It emphasized that a survey investigation was crucial in encroachment disputes, as witnesses' testimonies were subjective and oral evidence lacked objectivity. The court also highlighted the importance of swift resolution, stating that prolonged litigation undermines the foundation of speedy justice. Consequently, the high court set aside the trial court's decision and directed the appointment of a competent survey commissioner within two weeks, with the trial court expected to conclude the case within six months.