Calcutta High Court Raps Purba Medinipur District Magistrate For Non-Compliance Of Order Issued 2 Yrs Ago

The Calcutta High Court on Thursday came down heavily on the District Magistrate, Purba Medinipur for failing to comply with a direction of the Court issued nearly two years ago regarding removal of unauthorized constructions on a public highway. 

A Bench comprising Chief Prakash Shrivastava and Justice Rajarshi Bharadwaj on Thursday enquired from the counsel appearing for the District Magistrate, Purba Medinipur, "Why has the order of the Court not been complied with even after 2 years?"

Accordingly, the Court recorded in its order, 

"In this view of the matter, we are prima facie of the opinion that the order of this Court has not been complied with."

Accordingly, the District Magistrate, Purba Medinipur was directed to place his stand on record before the next date of hearing which is slated to take place on January 27.  

In the instant case, the High Court vide order dated January 17, 2020 had directed for the removal of unauthorized constructions set up by the panchayat samity on a public highway. Accordingly, the District Magistrate, Purba Medinipur had been instructed to file an affidavit of compliance with the Registrar-General within 3 months.

Furthermore, the aforementioned order of the High Court was also challenged before the Supreme Court and subsequently, the Supreme Court vide order dated August 18, 2020, had dismissed the appeal. 

During the proceedings, the counsel for the petitioner pointed out that there had been a clear direction to the District Magistrate, Purba Medinipur to file an affidavit of compliance with the Registrar General within three months of receipt of a copy of the order. He further apprised the Court that a copy of the order had been duly delivered to him on two occasions however no action had been taken by him till date. 

Accordingly, the Court recorded in its order, 

"Learned counsel for the petitioner has pointed out that there was a clear direction to the respondent District Magistrate, Purba Medinipur to file an affidavit of compliance with the Registrar General within three months of receipt of a copy of this order. He has pointed out that a copy of the order was duly delivered to the District Magistrate, Purba Medinipur on 03.02.2020 and thereafter again on 16.09.2020 but till now neither affidavit of compliance has been filed before the Registrar General of this Court nor the requisite action as stated by the counsel for the State before this Court has been taken."

Thus, the Court sought the District Magistrate's response in the matter and adjourned the hearing to January 27. 

Case Title: Pradip Kumar Das v. Partha Ghose & Anr

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