DIPTI KANA GHOSE Vs. WEST BENGAL HIGHWAY AUTHORITY

JUDGEMENT

(1.) THE petitioner in this writ petition dated May 17th, 2007 is questioning the notices dated July 14th, 2006 and March 20th, 2007 issued by the assistant Engineer, P. W. D. , Howrah Sub-division asking her (in the notices her name was wrongly mentioned as "tripti")to remove the encroachments particulars whereof were given in the notices. It was stated that she was under an obligation to remove the encroachments in terms of order made by the sub-divisional Magistrate, Sadar, Howrah.

(2.) BY issuing a notice dated February 6th, 2006 proceedings were initiated against the petitioner under provisions of the West Bengal Highways act, 1964. The notice was issued under Section 10 (1) calling upon her to remove the encroachments mentioned in the notice. She responded by writing a letter dated February 28th, 2006. She denied that she encroached upon any highway as alleged in the notice. The authority acknowledged receipt of her reply, and by a letter dated March 29th, 2006 informed her that the matter had been referred to the District Magistrate, Howrah for onward transmission to the executive Magistrate concerned for adjudication and decision in terms of the provisions of the West Bengal Highways Act, 1964.

(3.) FROM the executive Magistrate she did not receive any notice of any proceedings initiated against her in terms of the provisions of Section 10 (2 ). Admittedly, involving her the executive Magistrate did not adjudicate the questions connected with the alleged encroachments in terms of the provisions of Section 10 (3 ). Though the executive Magistrate did not hold that she had encroached upon any highway as alleged by the authorities of the public works department, the assistant engineer of the department issued the two impugned notices mentioning that in terms of decision of the executive Magistrate she was liable to remove the encroachments. Under the circumstances, she took out the writ petition.