In spite of the court's interim orders ordering the respondents to cease such demolitions until the matter was heard on affidavits, a single bench of the Calcutta High Court presided over by Justice Moushumi Bhattacharya directed the State authorities to pay 30 Lakh compensation for demolishing the structures that were the subject of a writ petition filed by the petitioner on 21 December 2022.

A bench ruled that the authorities were in violation of the court's directives and that: "The dignity and majesty of a Court is lowered not only from the willful disobedience of its orders and directions, but also from an act amounting to interference with the administration of justice. The alleged contemnors have lowered the dignity and majesty of this Court by willful disobedience of the order dated 13.12.2022 and by attempting to frustrate the order by demolishing the subject matter of the dispute."

When the petitioners filed a writ petition challenging a notice issued on December 9 by the Assistant Engineer, Tamluk Highway Sub-Division P.W. (Roads) Directorate for the eviction of petitioners' alleged unpermitted encroachments under Section 10(4) of the West Bengal Highway Act, 1964, the matter had already reached the High Court.

As a result, the Court had 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.

The Court declared: "It is evident that the conduct of the respondent-contemnors is in clear defiance of the order passed by the Court. The defiance arose in two stages; first, when the alleged contemnor was made aware that the matter would be heard on 13.12.2022 and second, after the alleged contemnors were verbally communicated of the order and later with the gist of the order at 1:20 PM/2:16 PM respectively on 13.12.2022. The alleged contemnors (in their wisdom) thought it expedient to erase the subject matter of dispute and render the writ petition infructuous."

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.

Case Title: Israt Begam and Another v. State of West Bengal and Others
Citation: CAPN No. 1428 of 2022 in WPA No. 27501 of 2022
link: https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfL7V9C0q4nRUoRYQlZ3T%2BXmFJ8xz88IbisQzd9trVnBv&caseno=CPAN/1428/2022&cCode=3&appFlag=