Disposed¶22

Kaberi Bag v. Union of India and Ors.

Calcutta HC21 May 2026WPA/10875/2026

Case brief

AI extract

What is this about?

Compensation non-payment for land utilized in National Highway widening; NHAI; Kaberi Bag v. Union of India & Ors.; WPA 10875 of 2026; encroachment grievance redressed; no prior representation on compensation before NHAI authority; disposal with liberty to submit comprehensive representation; Project Director, PIU NHAI suggested as appropriate authority by NHAI counsel (submission placed on record); reasoned order directed expeditiously; Hiranmay Bhattacharyya, J.; dated 21-05-2026.

What did the court decide?

Liberty given to the petitioner to submit a comprehensive representation before the appropriate authority regarding utilization of the petitioner's property; upon submission, the competent authority is directed to consider and dispose of it by a reasoned order as expeditiously as possible and communicate the reasoned order to the petitioner.

Kaberi Bag Vs Union of India and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether compensation has been paid in respect of the portion of the petitioner's plot utilized by the National Highway for widening of the highway. +1 more

¶11

Court's answer

This Court finds that the representation annexed to the writ petition sought removal of encroachment as well as payment of compensation, and that no representation relating to non-payment of compensation had been submitted before the appropriate authority of the National Highway.

¶15

Ratio / Principle

In view of the submissions of the learned Advocates for the respective parties, the writ petition stands disposed of by giving liberty to the petitioner to submit a comprehensive representation before the appropriate authority ventilating his grievance regarding utilization of his property.

¶19

Key takeaways

If such a comprehensive representation is submitted, the competent authority shall consider and dispose of the same by passing a reasoned order as expeditiously as possible and communicate such reasoned order to the petitioner.ratio¶22

Detailed headnote1 paragraphs

WPA 10875 of 2026 (Kaberi Bag v. Union of India & Ors.), disposed of by Hiranmay Bhattacharyya, J. The petitioner's property had been utilized for widening of the National Highway without payment of compensation (¶11). The petitioner's earlier grievance of encroachment upon the National Highway stood redressed (¶14). Finding that the representation annexed to the writ petition covered both removal of encroachment and payment of compensation, but that no representation on non-payment of compensation had been made before the appropriate NHAI authority (¶15), the Court disposed of the writ petition with liberty to the petitioner to file a comprehensive representation before the appropriate authority (¶19), directing the competent authority to consider and dispose of it by a reasoned order expeditiously and to communicate the order to the petitioner (¶22). Counsel for NHAI (Ms. Manika Roy) indicated that the Project Director, Project Implementation Unit, is the appropriate authority for acquisition/utilization issues; this was counsel's submission placed on record (¶17–18), not a determination by the Court. No statute or precedent is cited in the order.

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Item21-05-2026 3. Ct. 19 sg

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WPA 10875 of 2026

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Kaberi Bag Versus Union of India & Ors.

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Mr. Gazi Faruque Hossaion Mr. Rakib Hossaion Mr. Aniruddha Maity …for the petitioner Ms. Manika Roy Mr. Atanu Sur …for the NHAI Mr. Suman Chattopadhyay Ms. Tapasi Sinha Palit ..for the respondent no.1

¶5

Affidavit of service filed in Court is taken on record.

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Learned Counsel for the petitioner submits that the

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respondent authorities have been duly served. In spite of service, none appears for the National Highway Authority of India.

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Ms. Manika Roy, learned Advocate, who usually represents the National Highway Authority, is present in Court and is requested to appear in this matter.

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Let her appointment be regularized by the competent authority.

¶10

Let a copy of the writ petition be served upon Ms. Roy in course of the day.

¶11

The learned Advocate appearing for the petitioner submits that the property of the petitioner has been utilized for the purpose of widening of National Highway but no compensation in respect therefor has been paid.

¶12

After going through the representation annexed to the writ petition, Ms. Roy submits that the petitioner has alleged encroachment upon the National Highway and she seeks an accommodation to take instruction in this regard.

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¶14

The learned Advocate appearing for the petitioner submits that the grievance of the petitioner, insofar as the encroachment upon the National Highway is concerned, stands redressed and the present grievance of the petitioner is with regard to non-payment of compensation in respect of the portion of the plot of the petitioner, which has been utilized by the National Highway.

¶15

However, after going through the representation, which is annexed to this writ petition, this Court finds that the said representation states for the removal of encroachment as well as for payment of compensation. No representation has also been submitted before the appropriate authority of the National Highway insofar as the grievance of the petitioner relates to non-payment of compensation.

¶16

Faced with such situation, the learned Advocate for the petitioner prays for leave to submit a comprehensive representation before the appropriate authority.

¶17

Ms. Roy submits that the Project Director, Project Implementation Unit of the National Highway of India is the appropriate authority to consider the issue relating to acquisition of any land for the purpose of National Highway.

¶18

Ms. Roy submits that the Project Director can only consider the case of the petitioner if the land of the petitioner has at all been acquired or utilized by the National Highway. Such submission is placed on record.

¶19

In view of submissions made by the learned Advocates for the respective parties, this writ petition stands disposed of by giving liberty to the petitioner to submit a comprehensive representation before the appropriate authority ventilating his grievance insofar as the allegation of

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¶21

utilization of the property of the petitioner is concerned.

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If such a representation is submitted, the competent authority shall consider and dispose of the same by passing a reasoned order as expeditiously as possible and communicate such reasoned order to the petitioner.

¶23

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

¶24

(Hiranmay Bhattacharyya, J.)

Kaberi Bag v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Kaberi Bag v. Union of India and Ors.

Case brief

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What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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