Calcutta High Court (Appellete Side)
Trust Estate Of Sree Sree Raj Rajeshwar ... vs The State Of West Bengal And Ors on 18 March, 2014
Author: Soumitra Pal
Bench: Soumitra Pal
1
18.3.2014
kc
W.P. 8218(W) of 2014
Trust Estate of Sree Sree Raj Rajeshwar Jew and Ors.
-versus-
The State of West Bengal and Ors.
Mr. Kallol Basu,
Mr. Bratin Kumar Dey..................For the petitioners.
Affidavit of service, filed today, be kept on record. Despite
service of notice, none appears on behalf of the respondents.
In the writ petition, the petitioners have prayed for a direction upon the Board of Councillors of the Barahnagar Municiplity, the respondent no. 3, to take steps against the construction raised by the private respondent no. 6 allegedly without having sanction. It has been stated that though representation dated 24th February, 2014 to that effect was furnished before the respondent no. 3 and the Chairman of the Board of Councillors of the said municipality, the respondent no. 4, drawing attention to the alleged unauthorised construction, however, no step has been taken. It has been submitted, on instruction, that though Title Appeal no. 42 of 2009 with regard to eviction of the private respondent is pending, however, it has no connection with the unauthorised construction and there is no order of injunction or interim order.
Having heard the learned advocate for the petitioners and considering the facts and circumstances of the case, the writ petition is disposed of by directing the Board of Councillors, Barahnagar Municipality, the respondent no. 3, to dispose of the representation dated 24th February, 2014 by initiating proceedings under the West Bengal Municipal Act, 1993, particularly section 218 thereof, within a fortnight from the date of presentation of a copy of the certified copy of this order and 2 shall pass a reasoned order to be communicated to the parties after giving an opportunity of hearing to the petitioners and to the private respondent no. 6 and after verifying the documents, including the sanctioned plan, if any and after causing an inspection of the site upon notice to the parties prior to hearing. Copy of the report with regard to inspection shall be furnished to the parties before the date of hearing. The private respondent is also at liberty to furnish written objection to the representation dated 24th February, 2014 which shall be considered by the Board of Councillors. If it is ultimately found that unauthorised construction has been made, steps shall be taken for demolition of the same in accordance with law. It is, however, made clear that I have not gone into the merits of the matter and all points are left open to be dealt with by the Board of Councillors, Barahnagar Municipality, the respondent no. 3.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties.
(SOUMITRA PAL, J.) 3