Calcutta High CourtWPA/1589/2026disposed

Biswajit Maity v. Union Of India And ORS.

2026-02-06Hon'Ble Justice Hiranmay Bhattacharyya2 pages

D/L- 1 06/02/2026 Ct. No.-19 Aritra WPA 1589 of 2026 Biswajit Maity Vs.

Union of India & Ors.

Mr. Sabyasachi Chatteerjee Mr. Akashdeep Mukherjee Mr. Soummyadeep Nag Mr. Satyam Pandey ....for the petitioner Mr. Chandi Charan De, AGP Mr. Haripada Maity Mr. Anirban Sarkar ....for the State Mr. Pulakesh Bajpayee Mr. Debashish Basak ....for the UOI Affidavit of service filed in Court today is taken on record.

The petitioner claims to be a resident of the locality and has approached this Court praying for a direction upon the concerned authority to remove the unauthorised occupation upon the National Highway.

The petitioner claims to have submitted representations before various authorities.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that in spite of receipt of such representations, no steps have been taken to remove the unauthorised occupants from the National Highway. Mr. De, learned Additional Government Pleader submits that by virtue of a recent notification, the District

Magistrate has been vested with the power to take steps for removal of unauthorised occupation under the provisions of the Control and National Highways (Land and Traffic) Act, 2002.

Union of India is also represented by its learned advocate.

Without entering into the merits of the claim made by the petitioner in the representation dated December 9, 2025, WPA 1589 of 2026 stands disposed of by directing the District Magistrate, South 24-Parganas, being the respondent No.4, to consider the representation of the petitioner dated December 9, 2025 and to initiate appropriate proceedings and complete the entire exercise under the said Act as expeditiously as possible but positively within a period of 10 weeks from the date of receipt of a server copy of this order along with a copy of the representation dated December 9, 2025.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)