Protik Prakash Banerjee, J. - (1.) Is the King above the law? Edward Coke even while throwing himself at the feet of James I of England (James the VI of Scotland) to save his neck, declaimed "The King is above all, save God and the Law" and this, at least three reigns after Henry the VIII had shown that he spoke for God. After five centuries, the question, which this writ petition raises, is whether the Government is above the Law.
(2.) The writ petitioners claim to be the co-owners of certain lands which are right behind government lands more specifically, lands which belong to the Public Works Department of the Government of West Bengal being L.R. Plot No. 844 under Mouza- Purusattampur, J.L. No. 47 Singur, District- Hooghly and so recorded and apparent from the Mouza map as stated in paragraph 3 of the writ petition. This land is recorded to be adjoining Baidyabati-Tarakeswar, a State Highway. This is not even denied in the Affidavits-in-Opposition nor commented on.
(3.) The State of West Bengal has made a law being the West Bengal Highways Act, 1964. It is still in force. State highways are governed under it. It provides, under Section 2(bb), by an amendment, to boot, as follows: - (iv) all fences posts on any Government road or on any l attached to a Government road, all road-side trees on such l: (bb) "Government road" means a road, vested in the Government, or under the control and administration of the Public Works Department of the State Government, and includes (i) the slope, berm, borrow-pits and side-drains of any such road; (ii) all lands and embankments vested in, or under the control and administration of, the said Public Works Department, and attached to a Government road; (iii) all bridges, culverts or causeways built on or across any Government road: and (iv) all fences and posts on any Government road or on any land attached to a Government road, and all road-side trees on such land: Provided that nothing in the definition shall affect the provisions or the Calcutta Municipal Act, 1951, or of any rule or by-law made thereunder, in so far as they empower the Corporation of Calcutta to take action in respect or the Government roads now under the control of the Corporation.;