The bench, presided by Chief Justice of India Surya Kant, dismissed the state’s appeal challenging the December 23, 2025, order of the Calcutta High Court which asked the Bengal government to consider the request by the Rail Vikas Nigam Ltd (RVNL), Metro Rail, for two consecutive weekend night traffic blockades for erection of piers for the project at the busy Chingrighata junction, before February 15.
“The High Court has been extremely magnanimous despite it being a fit case where your chief secretary, director general of police and other authorities should have been subjected to some kind of appropriate action. It shows deliberate, complete dereliction of duty and an abdication of constitutional responsibility as a welfare state. You are running away from responsibilities. And you have completely politicised the issue for no reason,” CJI Kant said.
Rejecting the plea, the bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, said it is “absolutely frivolous, which merely reflects the obstinate attitude of the authorities who are hell-bent on delaying and stalling the completion of the metro railway project in Kolkata”. “We are sure that the HC will take necessary action to ensure that the directions are complied with in a time-bound manner,” the bench said.
The counsel appearing for the Bengal Government said the police are willing to comply with the High Court’s directions and sought time till May, given that the Assembly elections are due next month.
This, however, did not go down well with the bench.
“Your willingness is no concession. Don’t come here and say, ‘We are willing’; you are duty-bound… So if you are duty-bound, you would have put your best foot forward as quickly as possible,” Justice Bagchi said.
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‘Festival is more important than development’
Citing the forthcoming West Assembly elections, the state counsel said it will put its best foot forward in May. To which CJI Kant said, “A transportation facility which is meant for the common man… Please don’t politicise the issue… Because we don’t like it, so we will oppose.”
The state counsel said, “None of the bodies should be politicising it.”
Justice Bagchi said, “For you, a festival is more important than development. When in September, the Division Bench presided over by the Chief Justice requested both of you to meet and a meeting a held and…dates were fixed, you come back to the High Court and say no, we have got festivals to arrange, we have requirement for festivals, so we can’t give you support for the purpose of constructing the piers.”
“As a government, you definitely have your priorities. And what has taken precedence? Festivals or construction of a vital communication artery?… We don’t appreciate a democratically elected state government knocking on our doors and saying, ‘Please come and save us’,” Justice Bagchi added.
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As the state counsel repeated the argument about the impending elections, Justice Bagchi said, “Today the Election Commission of India does not have a difficulty in allowing the setting up of the piers, this being a project which was declared and was monitored by the High Court prior to the declaration of the Model Code of Conduct. We won’t allow you to create that as another bogey to stop development.”
The state counsel said the government had “not breached any undertaking, it was an understanding provided the audit reports were ready, the three-way underpass was ready…” She said there are six hospitals in the area where traffic has to be blocked, adding that there were also examinations scheduled for March. “If we could do it, we would have done it.”
While pointing out that the High Court order was dated December 23, 2025, CJI Kant asked, “Before the exams came in March, what prevented you from complying with the order?’
To which, the state counsel said, “The audit report was not yet with us. The area had not been handed over to the Kolkata Municipal Corporation.” The state also denied any political motive.
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While allowing the petition seeking directions to the state, the Calcutta High Court said, “We are unable to hold that this petition is filed for publicity or political interest. The matter is clearly in the realm of public interest.”
“In this view of the matter, we deem it proper to direct the State Government/Traffic Police to decide two consecutive weekend night traffic blockade dates for the construction/erection of piers as desired by RVNL, Metro Rail before 15.02.2026.”