Shayan Sachin Basu v. State Of West Bengal And ORS.

20.06.2024 Item No.11 PG/KS Ct. No.1 W.P.A.(P) 156 of 2024 Shayan Sachin Basu

Versus

The State of West Bengal & ors.

Mr. Shayan Sachin Basu .........Petitioner (In Person) Mr. Jahar Lal De..................for the State

1. By this public interest litigation, the petitioner appearing in person seeks a direction upon the authorities to install escalators in the Alipore Judges' Court Complex.

2. The Court can take judicial notice of the fact that there is large-scale and rampant encroachment of the entire area in the Alipore Judges' Court. One of us (T.S.S. CJ.) had the occasion to visit the premises when a National Lok Adalat was conducted and was shocked and surprised to note that the areas in and around the Court building have been fully encroached and several advocates have also put up small structures and are carrying on their profession.

3. Therefore, unless and until all things are set right and the people take responsibility to themselves and vacate the encroachment, this Court is not inclined to issue any direction, as sought for by the writ petitioner.

4. However, one of us (T.S.S. CJ.) has received oral representation from the members of the Bar of the High Court at Calcutta to take steps to remove the existing escalator as none are able to use the escalator as it is termed to be a 'furnace'.

5. In such circumstances, it is not for this Court to advise the administration or the authorities as to what are the amenities have to be provided and the question of extending such amenities can arise only when the premises is encroachment free.

6. With the above observations, the writ petition is dismissed.

7. No costs.

8. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)