Item 17 21.07.2026 Court. No. 11 (gc) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CIVIL APPELLATE JURISDICTION FMA 68 of 2026 CAN 1 of 2026 Mr. Rana Pal Vs. The District Magistrate, Sadar, Alipurduar & Ors. Mr. Saptarshi Banerjee, Mr. Satyaki Basu …for the Appellant. Mr. Dipankar Das …for the NHAI (V.C.). Mr. Kunaljit Bhattacharji, Ld. AGP, Ms. Radhika Agarwal …for the State. 1. The short question involved in this intra- court appeal is whether the learned Single Judge was correct in vacating the order of status quo, which was passed on June 16, 2026. 2. The learned Advocate for the appellant submits that the appellant has a shop room on the land over which the highway authority is constructing a four-lane highway. According to the learned Advocate for the appellant, unless the due process of law is followed by the authority, no disturbance can be created to the business of the appellant, either by the 2 State respondents or by the highway authority. 3. It is submitted that a notice under the provisions of West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 was issued by the Sub-Divisional Magistrate and Sub-Divisional Officer, Alipurduar calling the appellant for a hearing. The said notice is under challenge in the writ petition. 4. A protective order was passed in the writ petition, directing the parties to maintain status quo till the next date of hearing. The order impugned was passed, thereafter, by relying upon N.G. Projects Limited Vs. Vinod Kumar Jain reported at AIR 2022 SC 1531. It was held that, a mega project could not be stalled, as public interest was involved. Reference was made to Section 41(ha) of the Specific Relief Act. 5. We find from the order impugned that, the specific case of the appellant was that, the ingress and egress to the shop of the appellant was obstructed by dumping of debris, and the highway authority should be asked to remove the materials which had been dumped in front of the shop room. 3 6. The records reveal that the land belonged to the State of West Bengal and the State of West Bengal had handed over the same to the highway authority. However, a notice has been issued to the appellant by treating the appellant to be an encroacher. 7. Be that as it may, we are not inclined to form any opinion and/or express any view on the said notice, as the proceeding will follow its own course. The proceeding initiated by the authorities shall be decided according to law. 8. Under such circumstances, the National Highway Authority and the State Authority shall ensure that the ingress and egress to the shop of the appellant located at Chaparer Par and Bheluk Dabri, Chaparer Par 1 and 2 Gram Panchayat, Alipurduar Block – II, District - Alipurduar between Salanlabari and Falakata, is free from obstructions. 9. It is made clear that the construction of the highway will not be stalled. 10. With the above direction, the order impugned is modified. 11. The writ petition shall be heard on the basis of the affidavits already filed by the respondents. 4 12. Mr. Bhattacharji, learned AGP and Mr. Das, learned Advocate for the National Highway Authority submit that, the appellant has not been disturbed and the debris had not been dumped in front of shop. 13. In any case, we are of the view that no disturbance should be created to the operation of the business until the proceedings initiated for removal of the appellant reach a final conclusion. 14. Accordingly, the appeal and the connected application are disposed of. 15. However, there shall be no order as to costs. 16. Parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.) (Smita Das De, J.)