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 and others comprised within R.S. Plot No. 6265 appertaining to Khatian No. 2942, J.L. No. 20, Mouza-Kolora, Police Station- Domjur, measuring 119 decimals was requisitioned for stocking yard for supply of bricks and bats for substation Alampur-Uluberia, NH6 under land acquisition case being LA Case No. 57 (Act II) 62-63 and on 21st December, 1962, possession of the said land was taken over by Land Acquisition Department. In all, about 1159 decimals of land was acquired for the aforesaid purpose.

(ii) The construction of National Highways was completed prior to 1970 and major portions of the land since then remained unutilized by the Highway Division.

(iii) The petitioner is carrying on agriculture by cultivating on certain portion of land in the said plot and rest portion is lying barren since the same is not fit for cultivation. A major portion of the land acquired has been released in favour of the then owners by the Collector. At present, the requisitioned portion of land is being utilized as godown petrol pump.

(iv) By dint of Gazette Notification No. 20732 LA (PWD) dated 1st December, 1964, notice was given under sub-section (1a) of Section 4 of West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948). The said Act has already been repealed and the purpose of acquisition for stocking yards for supply of bricks and bats for substation has also become redundant.

(v) Representations were made by the predecessor-in-interest of the petitioner namely Felu Charan Ghosh and others for release of unutilized excess land acquired for NH6 by the Government of West Bengal under Act II of 1948 before the Superintending Engineer, NH Circle No. 1 PW (Roads) Directorate and Executive Engineer NH Division, which was received by the respective office on 12th May, 1994. The said application was duly recommended by the local Gram Panchayat.

(vi) By letter under Memo No. 1177/1 LA (G) dated 27th June, 1994, the Special Land Acquisition Officer, Howrah informed the then owners namely Felu Charan Ghosh and others that their application for release of the land has been forwarded to the Executive Engineer PWD, Howrah Directorate for their views along with four plans showing the plot of land to be de-requisitioned.

(vii) An advocate’s letter on behalf of the then land owners for release of the land was also submitted before the concerned authority.

(viii) Since no further steps were taken, the predecessor-in-interest of the petitioner namely Felu Charan Ghosh and others filed a writ petition before this Hon’ble Court being C.O. No. 9339 W of 1995. The said writ petition was disposed of on 21st April, 1995 directing the authority concerned authority to consider and dispose of annexure ‘C’ to the writ petition in accordance with law after hearing and taking into