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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, AJAY KUMAR GUPTA
Upamanyu Bhattacharya – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. public interest litigation for traffic diversion. (Para 2 , 3) |
| 2. court's effort to mediate stakeholders. (Para 4 , 5) |
| 3. delay in project due to lack of noc. (Para 6 , 7 , 8) |
| 4. maintaining public interest in project delays. (Para 12 , 13 , 14) |
| 5. court orders for traffic management. (Para 16 , 18 , 19) |
| 6. final order to dispose i.a. no. can 1 of 2025. (Para 21 , 22 , 23) |
JUDGMENT :
SUJOY PAUL, ACJ.
In Re: I.A. No. CAN 1 of 2025
1. Parties are represented through their respective learned counsel.
2. In this public interest litigation, the petitioner has prayed for following relief:
“a) A Writ of and/or Writs in the nature of Mandamus be issued commanding the respondent nos. no.1 and 7 to 9 to provide the necessary NOC to RVNL for the traffic diversion at Chingrighata junction facilitate segment launching in the Orange Line Metro Route [Kavi Subhas (New Garia) to Jai Hind (Netaji Subhas Chandra Bose Airport)], forthwith;
b) A Writ of and/or Writs in the nature of Mandamus be issued commanding the respondent authorities and each of them to complete the Orange Line Metro Route [Kavi Subhas (New Garia) to Jai Hind (Netaji Subhas Chandra Bose Airport)] within six months or withi
The court ruled that public interest litigations are maintainable when they address significant public issues, directing state authorities to comply with prior commitments for project completion.
Other principle that has been ingrained is that if a project is beneficial for the larger public, inconvenience to smaller number of people is to be accepted. It has to be respectfully accepted as a ....
The court upheld the order for the elevated road project, emphasizing public interest and the necessity of expert evaluation over personal interests in public interest litigations.
The court emphasized that public interest in access to a completed public road outweighs private claims, disallowing obstruction based on width specifications set by plaintiffs.
Judiciary should respect executive decisions in public projects unless there is a clear breach of law or constitutional principle.
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