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2024 Supreme(Cal) 1190

SABYASACHI BHATTACHARYYA
Orissa Metaliks Private Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ranjan Bachawat, Ld. Sr. Adv., Mr. Jishnu Chowdhury, Mr. Debrup Bhattacharjee, Mr. Satyaki Mukherjee, Mr. Raghunath Ghose, Ms. Tonoya Ghose, Ms. Shusna Santra.
For the Respondents: Mr. Asok Bhaumik, Mr. S. N. Mookherjee, Ld. Sr. Adv., Mr. Ratnanko Banerji, Ld. Sr. Adv., Mr. Shounak Mitra, Mr. Yash Singhi, Ms. Shivangi Thard.

JUDGMENT :

(Sabyasachi Bhattacharyya, J.) :

1. The present writ petition has challenged a letter bearing no. W/DRG/WL/SER-KGP-2023-offline-66 dated April 3, 2024 and a letter bearing Way leave/RMPL/West/953 dated April 4, 2024. By virtue of the impugned documents, the Railway Authorities have granted purported revival of a Way leave permission to the respondent no. 6 for constructing and running a water-pipeline under Railway property.

2. It is contended by learned senior counsel for the petitioner that way leave permission had been granted to the respondent no. 6 for a water-pipeline at 1.2 m depth on July 10, 2007 which was valid for ten years and expired in the year 2017.

3. Subsequent thereto, way leave permission was granted to the petitioner by the Railways on February 1, 2019 for a two-span underpass starting at the depth of 800-900 mm.

4. An agreement was entered into between the petitioner and the Railways for such underpass on February 27, 2019. As per Clause 25 of the said agreement, the underpass would be constructed in terms of the plan approved by the Railways, which was accordingly done.

5. Again, on June 2, 2022 a way leave permission was granted to the petitioner

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