IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

PRESENT:

THE HON’BLE JUSTICE BIVAS PATTANAYAK

W.P.A. 6329 of 2019

CAN 1 of 2023

Gangaben Patel

versus

Union of India & Ors.

For the Petitioner : Mr. Asok Kumar Banerjee, Senior Advocate

Ms. Mitali Mukherjee, Advocate

Mr. Debasis Guin, Advocate

For the State : Mr. Soumitra Bandyopadhyay, Advocate

Mr. Subhasis Bandopadhyay, Advocate

For the Respondent : Mr. Dipankar Das, Advocate

No.2-N.H.A.I. Mrs. Sanjana Nandi, Advocate

Heard on : 12.11.2024, 25.11.2024,

20.12.2024, 17.01.2025

Judgment on : 26.08.2025

Bivas Pattanayak, J. :-

1. This writ petition is filed by the petitioner seeking direction upon the respondent authorities to cancel and/or rescind and/or withdraw the notice dated 30th November, 2018 issued under Section 26 of the Control of National Highways and Traffic Act, 2002 (hereinafter referred to as ‘the Act of 2002’) against the petitioner and release the land in question, which has not been utilized by the National Highways Authority since its

acquisition for 50 years or more, in favour of the petitioner.

2. The petitioner’s case in brief is as follows:

(i) Agricultural land and danga land belonging to Felu Charan Ghosh