IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Ct.19 09.09.26 Item No.8 Sws.M WPA 17387 of 2026 Anupam Hazra Vs Union of India & Ors. Mr. Salil Kumar Maiti Ms. Dolan Samanta …for the petitioner Mr. Subhankar Chakraborty Ms. Sayani Gupta ….for the State Mr. Supriyo Chattopadhyay Ms. Debosri Chatterjee ….for the respondent Nos. 8 & 9 Mr. Amit Meharia Ms. Paromita Banerjee Mr. Sayon Dey ….for the NHAI 1. The affidavit of service as filed today on behalf of the writ petitioner, is taken on record. 2. The writ petitioner, the respondent/State and its instrumentalities, the National Highway Authority of India (NHAI in short), and its instrumentalities and the private respondents are represented by their respective counsel. 3. By filing the instant writ petition, the petitioner has prayed for issuance of appropriate Writ/Writs against the respondent/authorities, more specifically against the respondent No.3/authority commanding 2 him to remove the alleged unauthorized construction over the National Highway in front of the writ petitioner’s land, particulars of which has been mentioned in paragraphs 2 and 3 of the instant writ petition. 4. At the time of hearing, learned advocate appearing on behalf of the writ petitioner submits before this Court that it is the specific case of the writ petitioner that in front of the writ petitioner’s aforementioned two plots of land, the private respondents by encroaching a portion of the National Highway has raised an illegal construction which hampers free egress and ingress of the writ petitioner in to the said two properties. It is submitted that the writ petitioner by way of a representation dated 30.05.2026 brought such factum to the notice of the respondent/authorities, but in vain. 5. It is thus submitted that appropriate relief/reliefs be granted to the writ petitioner in terms of the prayers in the writ petition as well as in view of the provision of Section 26 of the Control of National Highways (Land & Traffic) Act, 2002 (‘Act’ in short). 6. Learned counsel appearing on behalf of the NHAI authority in course of his submission has submitted a notification bearing No. SO4938(E) dated 29.10.2025 showing that as per the said notification, the jurisdictional District Magistrate is the 3 appropriate authority under Section 26 of the said Act for removal of the unauthorized occupation. 7. Learned advocate appearing on behalf of the private respondents vehemently opposes the prayer made by the writ petitioner. Attention of this Court is drawn to the schedule of the deed of purchase as has been annexed to the instant writ petition, vis-à-vis a copy of a registered Deed of Conveyance dated 20.02.2020 and registered on the same day in the name of the private respondents. It is submitted that on comparative study of the schedule of the said two registered Deeds of Conveyance, it would reveal that no part of the writ petitioner’s property is contiguous to the National Highway, as wrongly alleged and on the contrary, from the schedule of the private respondents’ registered Deed of Conveyance it would reveal that the private respondents’ property is situated by the side of the National Highway. It is thus submitted on behalf of the private respondents that the allegation of prohibiting egress and ingress to the writ petitioner’s property as well as the allegation regarding erection of unauthorized construction over the National Highway Authority by the private respondents is a myth. 8. Learned advocate appearing on behalf of the respondents/State, in his usual fairness submits before this Court that the jurisdictional District 4 Magistrate, being the respondent No. 3/authority may be directed to consider the representation dated 30.05.2026, in accordance with law. 9. On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court while disposing the instant writ petition, passes the following orders:- (a) The respondent No. 5/authority is hereby directed to make a physical verification and/or field verification at the disputed plot, after giving prior notice to the writ petitioner and shall submit a demarcation report with the respondent No. 3/authority clearly indicating as to whether any portion of the National Highway contiguous to the property of the writ petitioner and the private respondents have been encroached or not. The field verification report, as directed to be filed by the respondent No. 5/ authority is to be filed positively within 30 working days from the date of communication of the server copy of this order. (b) The respondent no. 3/authority on receipt of the field verification report 5 and/or demarcation report from the respondent No. 5/authority, shall serve notice upon the writ petitioner and the private respondents and shall provide them copies of the demarcation report and/or field verification report, as would be submitted by the respondent No. 5/authority. (c) The respondent No. 3/authority is further directed to give a fair chance of hearing both to the writ petitioner and the private respondents and/or their authorized representatives and thereafter to pass a reasoned order in connection with the representation dated 30.05.2026, as submitted by the writ petitioner in the light of the said demarcation report and/or field verification report. (d) The entire exercise, as indicated in the foregoing paragraphs shall have to be completed by the respondent No. 3/authority positively within 45 working days from the date of receipt of the demarcation report and/or field verification report from the respondent No. 5/authority. 6 (e) The respondent No. 3/authority is further directed to take all consequential action in the event he comes to a conclusion while passing the reasoned order that a portion of the National Highway contiguous to the aforementioned plots have been encroached by any of the stake holders. 10. With the aforementioned observations, the instant writ petition is disposed of. 11. Before parting with, it is made clear that this Court while disposing the instant writ petition has not gone into the merits of the representation dated 30.052.206 and thus all points are kept open for adjudication by the respondent No. 3/authority. 12. Liberty is given to the learned advocate-on-record for the petitioner to communicate the server copy of this order together with a copy of the representation dated 30.05.2026, both to the respondent Nos. 3 and 5/authorities. Both respondent Nos. 3 and 5/authorities are directed to act on the server copy of this order. 13. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen , J.)