The Supreme Court docket at the moment requested the Calcutta Excessive Court docket to expeditiously determine a petition filed by the All India Trinamool Congress difficult the Kolkata Municipal Company’s elimination of billboards from the celebration’s workplace in Kolkata.
The bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was listening to a Particular Depart Petition filed by Trinamool Congress difficult Calcutta Excessive Court docket’s denial of interim aid concerning the alleged unlawful elimination of a billboard from atop the celebration workplace at Kolkata’s Camac Road.
On the outset, Solicitor Normal of India Tushar Mehta, for the State of West Bengal, raised a preliminary objection to the maintainability of the petition, saying that there was a treatment of writ attraction.
Senior Advocate Kapil Sibal, for the Trinamool Congress, then retorted, “My realized buddy shouldn’t be excited…” The Solicitor took objection to this remark from Sibal, and stated, “you shouldn’t have used this expression; it’s only for the media, simply because it’s a political matter.”
Sibal contended that the board was eliminated with none discover, and the board of Haldiram’s, which is performing on the bottom ground, has not been touched.
The bench, stating that the matter continues to be pending earlier than the Excessive Court docket, expressed disinclination to intrude. Sibal stated that the Excessive Court docket had already determined that there was no reason for motion.
The CJI then stated, “Simply because the board was eliminated, it doesn’t imply the matter has turn into infructuous.” “Whether it is discovered to be wrongly eliminated, there could be a obligatory order for restoration,” Justice Bagchi added.
Sibal argued that if it was eliminated with out discover, the Excessive Court docket ought to have interfered readily. “I had a particular averment that there was no discover…the Excessive Court docket ought to have raised questions…the Excessive Court docket says, because the board is eliminated, now there is no such thing as a reason for motion, and nothing may be completed,” he submitted.
The bench stated that it may ask the Excessive Court docket to determine in a time-bound method, and can make clear that the observations within the interim order are solely tentative.
The counsel representing the proprietor of the constructing additionally sought to be impleaded within the matter. The bench requested him to make the plea earlier than the Excessive Court docket.
The bench disposed of the matter with the next order :
“In our view, interim order dated August 28, 20206 has not determined pending points on deserves. Since HC is seized of matter, and there are tentative observations made within the order, the events are granted liberty to lift their respective contentions earlier than HC. We request the Excessive Court docket to find out all points that come up for consideration expeditiously.”
To recap, it was alleged by civic authorities that the billboard was unauthorized and therefore wanted to be eliminated. Reportedly, the authorities confronted resistance when making an attempt to enter the constructing and had to make use of the assistance of native police authorities, resulting in a stand-off between celebration employees and police on the website.
TMC’s plea earlier than the Excessive Court docket was s moved urgently earlier than a bench of Justice Raja Basu Chowdhury, who allowed its itemizing, however declined any rapid aid.
Contemplating that the billboard had already been eliminated, the Excessive Court docket denied rapid aid however listed the matter for listening to.
Case: ALL INDIA TRINAMOOL CONGRESS Versus THE STATE OF WEST BENGAL AND ORS. SLP(C) No. 31472/2026
