The Lt.Governor And ORS v. A.Sunder
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/40/2024 [IA NO: CAN/3/2025] The Lieutenant Governor and Others Vs.
A. Sunder Mr. Shatadru Chakraborty, Sr.Adv.
Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the appellants Mr. Gopala Binnu Kumar ... for the respondent February 06, 2025 [SR] Item No.16 Re: CAN/3/2025 ( Application for extension of time ) 1.
Application being CAN/3/2025 is presented seeking extension of time fixed by a Coordinate Bench vide order dated 7th November, 2024 to remove water pipelines which is laid underneath the land of the writ petitioner.
2.
On hearing the learned advocates representing the parties and having perused the order passed by the Coordinate Bench on 7th November, 2024, we find that three months was given to the Administration for removing pipelines from the respondent's land and a default clause was added that in the event same is not removed, the writ petitioner shall be at liberty to dismantle and destroy the said pipelines for the purpose of effecting construction on his property.
3.
In paragraph 3 of the application, it is averred that an eTender was floated on 5th December, 2024 and work order was
awarded to one M/s Prasur Electrical and Engineering Company and on 13th January, 2025, an agreement was entered into for executing the work in terms of the order dated 7th November, 2024.
4.
It is submitted on behalf of the applicant that six months time is required as agreed upon by and between the parties on 13th January, 2025 which is required to be counted from 17th January, 2025 to complete the work.
5.
We are aware of the facts that Single Bench passed an order directing the Administration to remove water pipelines within a period of six months and thereafter the Coordinate Bench vide order dated 7th November, 2024 granted another three months time to complete the work failing which the writ petitioner was granted leave to dismantle and destroy the pipelines so that the land can be used by the writ petitioner. 6.
On perusal of the application since it is found that steps have already been taken in terms of the order dated 7th November, 2024 and further time is required to complete the work by removing the pipelines, the application being CAN/3/2025 is disposed of thereby extending the time as a last chance for a period of six months to complete the work of removal of pipelines from the land of the writ petitioner failing which the writ petitioner shall be at liberty to dismantle those pipelines for using the land.
7.
Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocate appearing for the parties upon compliance of usual formalities.
( Saugata Bhattacharyya, J. ) ( Partha Sarathi Chatterjee, J. )