Manoj Mondal v. The National Highways Authority Of India And Others

19.06.2025 Sl No.1 Court No.8 (gc) WPA (P) 1 of 2021 Manoj Mondal Vs.

The National Highways Authority of India & Ors. Ms. Manika Roy ... for the NHAI.

Soumen Sen, J. (Oral):

1.

It appears that the writ petitioner has lost interest in the public interest litigation. In spite of service, the writ petitioner is not represented. Even on the earlier occasion, the writ petitioner was not represented.

2.

It is alleged that certain unauthorized construction has taken place in R.S. Dag Nos.709 and 710 mentioned in Ground No.II at page 15 of the petition. The writ petitioner has also disclosed a communication from the Assistant Engineer, Kolkata N.H.

SubDivision, P.W. (Roads) Directorate that certain encroachments have taken place in respect of few properties mentioned in the said communication dated 23rd September, 2019 to the Inspector-in-Charge of the Bishnupur Police Station. The Inspector-in-Charge, Bishnupur Police Station was requested to take steps to stop such unauthorized/illegal constructions on the government land and to restore the road from getting encroached.

3.

In view of the above, we dispose of the writ application by directing the Superintendent of Police, Diamond Harbour Police District, South 24 Parganas for implemention of the communication dated 23rd September, 2019 from the Government of West Bengal, Office of the Assistant Engineer, Kolkata N.H. SubDivision, P.W. (Roads) Directorate and the Inspector-in-Charge, Bishnupur Police Station and a jointly inspection being carried out for proper implementation of this order as also for removing the unauthorized construction on National Highway, NH-117 on R.S. Dag Nos.709 and 710 and L.R. Dag Nos.1684, 1685, 1686, 1687, 1709, 1710, L.R. Khatian No.1, Mouza - Amtala, J.L. No.73, Police Station - Bishnupur, District - South 24Parganas within eight weeks from the date of carrying out such jointly inspection and identification of the encroachers and encroachments in accordance with law.

4.

The department is directed to communicate this order to the writ petitioner by Speed Post with A.D. for information and also to the Superintendent of Police, Diamond Harbour Police District, South 24 Parganas by Speed Post with A.D. for information and compliance

within one week from date and shall file a report of compliance.

5.

Accordingly, the writ petition stands disposed of.

6.

However, there shall be no order as to costs. 7.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Soumen Sen, J.) (Smita Das De, J.)