Dr Goutam Mukherjee And ORS v. Alka Upadhyay Chairman National Highways Authority Of India And ORS

16.08.2024 Serial no. 13 Dd CPAN 1122 of 2022 With IA NO: CAN 1 of 2023, CAN 2 of 2023 in WPA 4971 of 2019 Dr. Goutam Mukherjee & Ors.

Vs.

Smt. Alka Upadhyay, Chairman, Natinal Highway Authority of India & Ors.

Ms. Malabika Saha, Advocate ... ... for the Petitioners Ms. Manika Roy, Ms. Ankita Chowdhury, Advocates ... ...For the NHAI Mr. Soumitra Bandyopadhyay, Mr. Priyabrata Batabyal, Advocate ... ...For the alleged contemnors nos. 3-5 Report by way of an affidavit as called for by the order dated December 15, 2023 filed in Court be taken on record.

It appears from such report that a meeting was held between all stake holders with regard to removal of encroachments. In fact, two several meetings were held namely, on December 20, 2023 and January 10, 2024.

It is submitted on behalf of the NHAI Authorities that removal of encroachments from 450 meters of area still remains. In fact, according to NHAI Authorities, it is not exactly an encroachment in the sense that public encroached upon the service road. It is, in fact, removal of water pipe line and gas pile line located at this place. Signed By :

DEBABRATA DAS High Court of Calcutta 16 th of August 2024 04:11:20 PM

It is submitted on behalf of NHAI Authorities that, work necessary for such purpose is likely to be completed by the end of November 2024.

State and the writ petitioner are represented. Learned advocate appearing for the writ petitioner submits that, the service road is 4 meter wide while it should be 5.5 meters. In any event, there are further encroachments.

Contention of the writ petitioner with regard to the removal of encroachment from the service road is disputed by NHAI Authorities. It is submitted that, encroachments from the service road were removed. There may be encroachments on land appertaining to the service road over which NHAI Authorities do not have control.

Contempt petition is pending for a considerable period of time. NHAI Authorities took steps for the purpose of removal of encroachments. Only a portion of 450 meters remains outstanding and that too, for the purpose of removal of utilities. In such circumstances, in my view further orders under the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India are not warranted.

CPAN 1122 of 2022 along with connected applications are disposed of without any order as to costs.

(Debangsu Basak, J.) Signed By :

DEBABRATA DAS High Court of Calcutta 16 th of August 2024 04:11:20 PM