Calcutta High Court Orders The State To Pay $30,000 As Compensation For Demolishing Buildings
Despite the court’s interim orders ordering the respondents to cease such demolitions until the matter was heard on affidavits, the Calcutta High Court on December 21 ordered the State authorities to pay 30 Lakh compensation for demolishing the structures that were the subject of the petitioner’s writ.
The case had already made its way to the High Court when the petitioners filed a writ petition contesting a notice that had been issued on December 9 by the Assistant Engineer, Tamluk Highway Sub-Division P.W. (Roads) Directorate for the eviction of petitioners’ claimed unpermitted encroachments under Section 10(4) of the West Bengal Highway Act, 1964.
The High Court heard the case immediately on December 13 because the demolition had started at 10:00 A.M. on December 12. In its ruling dated December 13, the Court noted that, in accordance with Section 51B (1) of the Act, petitioners should have received notice prior to any actions involving demolition.
As a result, the Court subsequently instructed the respondents to halt all demolition work until the issue had been heard on affidavits.
However, the petitioners’ buildings were destroyed in blatant defiance of the Court’s instructions. The actions of the protesters, according to Justice Bhattacharya, were blatantly against court instructions.
As a result of the authorities’ wilful disregard for the Court’s instructions, the Court ordered them to pay the petitioners Rs. 30 lakhs within a week of the date of the order issued on December 21.
The case is now scheduled for January 6.
News Mania Desk
