Debkumar Chakraborty & Anr vs State of West Bengal & Ors

Smita Das De, J

Heard the parties through their respective learned Counsels.

The petitioner is the intending operator to ply his vehicle smoothly and regularly in the route No.91A, 91B and 91C. The existing route alignment of route No.91A run from Shyambazar to Haroa via Lahati, Rajarhat, Chowmatha, Narayanpur, Kaikhali, Airport Gate No.1, Nagerbazar and proposed to divert from Shyambazar to Haroa by touching Dashdrone, Chinar Park instead of Narayanpur, Kaikhali by keeping the other alignment of the route unattained.

The petitioner has already made an application before respondent No.2 for the diversion of route in No.91A only for 6 kms.

On 29.08.2025 vide agenda No.6 the resolution has been taken up for consideration for diversion of the proposed route which is reproduced below:

“InreportofDCP(T),Bidhannagar Police Commissionerate  vide  memo  no.  472/DCP(T)/BDNPC/25 dt. 01.08.2025, the ACP(T), Bidhannager Police Commissionerate reported that the proposed route falls only Rajarhat TG area under his jurisdiction and in this regard, TI Rajarhat has sent his opinion with 'No Objection' for the benefits of bus operators as well as public of that locality. Therefore, the undersigned revealed his 'No Objection' from traffic point of view regarding the said proposed route alignment of route 91A (6 kms.).

Based on the assessments and report submitted by the TLs of Airport, Bagulati & Narayanpur, it is observed that, from a traffic management perspective, there is 'No- Objection' to the proposed diversion. To take decision accordingly.

Resolution: - The RTA Board discussed the matter and decided to take decision after getting a report regarding diversion of route 91A from ARTO (Enf)/MVI(NT), P.V.D., Kolkata.”

The learned Counsel for the petitioner submits that the traffic department has already given a no objection certificate for the proposed diversion since then there is no congestion over the route. Moreover, such diversion will meet the demands of the regular commuters and enure the benefit of both bus operator as well as the public of that locality.

After careful consideration of the case I am of the considered view that already the Deputy Police Commissioner, Traffic Department, Bidhannagar has given a ‘No Objection’ for the proposed diversion of route. On the basis of the clean chit given by the Traffic Department, the issue cannot be kept pending causing thereby public inconvenience at large.

I direct the respondent No.2 shall forthwith take necessary steps within a period of 45 days in the light of the NOC issued by the Traffic Department by allowing the vehicle of the petitioner to ply as per the proposed diversion route.

With the above observation and directions, this writ petition WPA 28294 of 2025 is disposed of without taking any exception of the merits of the case.

Photostat certified copy of this order, if applied for, be furnished expeditiously.