Krishna Gopal Sahu v. Union Of India And ORS.

M/L 175 06.05.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 19048 of 2024 Krishna Gopal Sahu Vs.

Union of India & Ors.

Mr. Uday Sankar Chattopadhyay Mr. Suman Sankar Chatterjee Mr. Pronoy Basak Ms. Aishwarya Datta Ms. Bidisha Chakraborty Ms. Sadia Parveen ...for the Petitioner.

Mr. Samir Kumar Dutta Ms. Oisani Mukherjee ...for the Union of India.

Ms. Manika Roy Ms. Ankita Chowdhury Mr. Atanu Sur ...for the NHAI.

1. None represents the State respondents.

2. Affidavit of service filed in Court today is taken on record.

3. Supplementary affidavit filed in Court today is also taken on record.

4. The petitioner alleges encroachment on the national highway. It appears that in the previous round of litigation, order was passed by the Court for removal of the encroachment from the national highway. The District Magistrate, Jhargram passed order for removal of the encroachers.

5. The petitioner alleges that though the encroachers were removed but the encroachers have reappeared all over again and are occupying the national highway by raising temporary construction.

6. A supplementary affidavit has been filed by the petitioner annexing photographs in support of the aforesaid submission.

7. The National Highway ought not to be encroached by private parties. The respondent no. 3 being the General Manager (Tech) and Project Director, Project Implementation Unit, Kharagpur, National Highway Authority of India is directed to take necessary steps to ensure that the national highway is not encroached upon by any party whatsoever. All measures shall be taken to ensure that the highway remains encroachment free for the movement of the vehicles.

8. The writ petition stands disposed of.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)