Swarnali Saha Vs Union of India and Ors. — Calcutta HC (2024) — LawSathi Research

Swarnali Saha Vs Union of India and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the 5th respondent authority to consider and dispose of the petitioner's pending Section 23(3) written complaint within one month of communication of the order, affording reasonable opportunity of hearing to all concerned; decision to be communicated to petitioner within a week thereafter; impugned notice dated 1st January, 2024 stayed till one week after communication of the decision; no order as to costs.

Issue for consideration

Whether the concerned authority (5th respondent, Project Director, National Highways Authority of India) should consider and dispose of the petitioner's pending written complaint under Section 23(3) of the Act of 2002 prior to implementation of the notice issued under Section 26(2) on 1st January, 2024.

Court's answer

Since the written complaint under Section 23(3) of the Act of 2002 was pending, the concerned authority (5th respondent) was directed to consider and dispose of the said written complaint within one month from the date of communication of the order, upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law.

Ratio / Principle

The decision taken by the authority shall be communicated to the petitioner within a week of its taking.

Key takeaways

The impugned notice dated 1st January, 2024 is stayed till one week after communication of the authority's decision.ratio¶11
As no affidavit was invited, allegations contained in the writ petition are deemed not to have been admitted.obiter¶14

Detailed headnote1 paragraphs

Writ petition assailing a notice issued on 1st January, 2024 by the Project Director, National Highways Authority of India (5th respondent) under Section 26(2) of the Control of National Highways (Land and Traffic) Act, 2002. Petitioner had purchased the plot, was in possession, with record of rights in her name; pursuant to the notice she had submitted a written complaint under Section 23(3) of the Act of 2002 on 17th January, 2024, yet unconsidered. As the complaint lay pending before the authority, the Court disposed of the petition by directing the authority to consider and dispose of the written complaint within one month from communication of the order, affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law; the decision was to be communicated to the petitioner within a week thereof, and the impugned notice was stayed till one week after communication of the decision. Allegations deemed not admitted since no affidavit was invited; no costs ordered.

2 jdt. 25.01.2024 jb.

W.P.A. 1551 of 2024 (Swarnali Saha vs. Union of India & Ors.)

Mr. Ayan Banerjee Mr. Soumo Choudhury … For the Petitioner Mr. Subit Majumder Mr. Pramod Kr. Drolia … For the Union of India Mr. Ansar Mondal Md. Idrish … For the Respondent Nos. 2 and 6

Affidavit of service filed on behalf of the petitioner is taken on record.

None appears for the National Highways Authority of India despite service.

The notice issued by the 5^th respondent, the Project Director, National Highways Authority of India under Section 26(2) of the Control of National Highways (Land and Traffic) Act, 2002 on 1^st January, 2024 is assailed in the writ petition.

Learned counsel for the petitioner submits that the plot in question was purchased by the petitioner who is in possession of the same. The record of rights is also in the name of the petitioner. Pursuant to the notice impugned, the petitioner submitted a written complaint under Section 23(3) of the Act of 2002 before the authority on 17^th January, 2024 which is yet to be considered. The petitioner seeks a direction upon the authority to consider the said written complaint prior to implementation of the notice issued on 1^st January, 2024.

2

Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that since the written complaint submitted by the petitioner under Section 23(3) of the Act of 2002 is pending before the authority, the concerned authority being the 5^th respondent herein, be directed to consider and dispose of the said written complaint within one month from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof.

The order impugned dated 1^st January, 2024 be stayed till one week after communication of the decision.

The writ petition is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)