Haradhan Maity v. State of West Bengal and Ors.
Case brief
What is this about?
Calcutta High Court writ petition disposed of: hardware-shop owner alleged metal highway barrier blocked access and that four-laning works omitted mandatory utility-services space required under the authorities' own Manual. Four-lane claim held premature pending adoption of Land Purchase Policy; writ court declined to order removal of barrier sited at a 'black spot' after scientific enquiry, public interest prevailing over limited private interest; disputed factual question of totally blocked versus alternative ingress/eggress remitted to competent civil court with liberty to petitioner; neutral order vis-a-vis civil court; no costs. Keywords: metal barrier, black spot, utility services, Manual, four-lane highway, Land Purchase Policy, ingress egress, temporary barrier, civil court remission, disputed questions of fact.
What did the court decide?
No interference by the writ court and no direction to remove the metal barrier; the petitioner is left at liberty to approach the competent civil court to contest the alleged obstruction of ingress/egress; no order as to costs.