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SABYASACHI BHATTACHARYYA
Merlin Projects Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
1. The petitioners are real estate developers. The present writ petition assails a Traffic Notification issued by the Commissioner of Police, Kolkata bearing No. TP/25 dated August 7, 2023. By virtue of the said Notification, inter alia, movements of Heavy Goods Vehicles and Medium Goods Vehicles have been restricted to ply from 06:00 hrs. to 22:00 hrs. on all days throughout the city of Kolkata except the Port area. Exception has been made for goods vehicle carrying essential and perishable items like – LPG (Liquefied Petroleum Gas), POL (Petroleum, Oil and Lubricants), Oxygen, Milk, Medicine, Vegetables, Fruits, etc., which have been allowed to ply from 22:00 hrs. to 08:00 hrs. and again from 12:00 hrs. to 16:00 hrs.
2. The petitioners are concerned with Transit Concrete Mixtures, which fall under the category of Heavy Goods Vehicles required for transporting Ready Mixed Concrete (RMC) from Batch Mix Plants, where they are manufactured, to the sites of construction. RMC, according to the petitioners, has a life-span of around two hours which can be extended by use of Admixtures to slow down the rate of workability loss. Learned counsel cites the Indian Standards Ready Mixe
The main legal point established in the judgment is the reasonableness of imposing restrictions on the movement of heavy vehicles during busy hours for public safety, and the differential treatment o....
The court established that the Traffic Notification imposing restrictions on the movement of heavy vehicles during busy hours in Kolkata was reasonable and did not violate the petitioners' fundamenta....
The court upheld the legality of tender issuance for advertising rights under 2017 regulations concerning roadside hoardings.
State authorities cannot impose restrictions on National Highways as this power is vested exclusively with the Central Government.
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