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Judgment
Let the report filed in Court today on behalf of the District Magistrate, Murshidabad, signed on 17th September, 2019, be taken on record.
This report indicates removal of encroachment and structures from the Basudebkhali Mouza area under Police Station Berhampore, Sadhukhali and Chhetiani Mouza areas under Police Station Rejinagar, District - Murshidabad.
Let the fifth interim report filed in Court today by the learned Special Officer be also taken on record.
Perusing the said report, it appears that he has annexed a record of discussions of a meeting regarding the widening project being carried out by NHAI, which was held on 12th February, 2019, in the office chamber of the Land Reforms Commissioner, Government of West Bengal.
Taking into consideration the record of discussions, we are of the view that the Divisional Commissioner, Malda Division, may be directed to take up the pending arbitration cases and dispose of the same as expeditiously as possible, preferably within a period of two months from date, but not later than 31st December, 2019, so that all pending arbitration cases are resolved and the widening project of the National Highway is not hindered by the pendency of such cases, which have been detailed by the learned Special Officer in the fifth interim report filed in Court today. While disposing of the pending arbitration cases, the Divisional Commissioner, Malda Division, shall not grant unnecessary adjournments to the parties and the time-frame as stipulated hereinabove, shall be strictly adhered to. For the purpose of expeditious disposal of the pending arbitration cases, it will be open to the Divisional Commissioner to take recourse to wide publication in at least two newspapers - one english and another vernacular having wide circulation in the concerned district(s) as substituted service in lieu of individual service.
The cost of publication of such notice can be realised from the National Highways Authority of India by the Divisional Commissioner, Malda Division.
We, however, make it clear that pendency of the arbitration proceedings shall not be used as a ground by any of the stakeholders to either delay or stall the widening process of the National Highway.
So far as the minutes of the meeting of the Special Officer with the Project Director, Jalpaiguri, held on 19th September, 2019, is concerned, we direct the concerned authority of the National Highway to take instructions and apprise the Court accordingly, on the next date.
Let this matter appear next Friday (27.09.2019) under the same heading for further consideration.