9911796707
TMI Blog2001 (8) TMI 1387X X X X Extracts X X X X X X X X Extracts X X X X ..... if a reference is made to the order dated 13.2.1991 passed by a learned Single Judge of the Calcutta High Court in Civil Order No.14861 (W) of 1990. The said proceedings came to be initiated by the Appellant Association, the members of whom were carrying on business as Traders and businessmen on the Grand Trunk Road (North) in and around Salkia Chowrasta, apprehending displacement and demolition of the places of their business for the construction of a fly-over, against Howrah Municipal Corporation, Howrah Improvement Trust, their respective authorities as well as the State. In the said proceedings, an application for settling the disputes has been filed by the parties and the learned counsel appearing for the parties also submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... am Dhanga Road, excepting owners of petrol pump and factories, if any. However, these persons will be rehabilitated appropriately by the Rehabilitation Committee of the earliest in terms of paragraph 9 of this settlement. The learned Single Judge, by his order dated 11.10.96, dismissed the Writ Petition, in limine, as of no merits. The learned Judge seems to be of the view that the obligations arising out of the terms of the earlier settlement are of the shape of a contract between the parties by the joint petition and any purported breach thereof being one of terms of the contract between parties, if at all, cannot be fruitfully remedied legally by enforcing the terms of the contract between parties but the remedy would lie to seek for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed in the present proceedings in support of their respective stand. We have carefully considered the submissions of the learned senior counsel on either side. The learned Single Judge as well as the Division Bench of the High Court have not only over simplified the matter but seem to have gone on an errand, carried away by some need to balance hypothetical public interest, when the real and only question to be considered was as to whether the respondent authorities are bound by the orders passed by the court on the basis of the compromise memorandum, and whether the proposed move on their part did not constitute flagrant violation of the orders of court very much binding on both parties. The High Court failed to do justice to its own ..... X X X X Extracts X X X X X X X X Extracts X X X X
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