Calcutta High Court (Appellete Side)
Akd Sri Tanmay Moshat vs The State Of West Bengal & Ors on 17 March, 2017
Author: Harish Tandon
Bench: Harish Tandon
1
11 17.03.17 W.P. 7202 (W) of 2017
Ct No. 2
akd Sri Tanmay Moshat.
Vs.
The State of West Bengal & Ors.
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Mr. A. B. Raut, Mr. Anirban Ghosh.
... for the petitioner.
Ms. Sonal Sinha.
... for the State.
Mr. Santanu Chatterjee.
... for the H.M.C. Mr. Prantik Ghosh.
... for the respondent no. 10.
A proceeding was initiated on the basis of the complaint filed by the petitioner against the private respondents for illegal and unauthorized construction deviating from the sanctioned plan and several dates were fixed for hearing, but according to the petitioner, no communication was made after 11th November, 2016.
When an application under Right to Information Act was filed to ascertain the fate of the said proceeding, suddenly the petitioner received a notice dated 3rd January, 2017, whereby and whereunder the private respondents were directed to submit "as made plan"
through licensed building surveyor within fifteen days from the date of the receipt thereof.
The challenge is thrown on the jurisdiction and power of the Howrah Municipal Corporation to regularize an unauthorized and illegal construction on the basis of the aforesaid plan.2
After hearing the parties, this Court feels that all the relevant documents are required to be disclosed by way of affidavits.
Accordingly, the respondents are directed to file their respective affidavits-in-opposition within three weeks from date; reply thereto, if any be filed within one week thereafter.
Till six weeks from date or until further order/orders of this Court, whichever is earlier, the respondent no. 7 is restrained from proceeding with the matter on the basis of the impugned notice dated 3rd January, 2017.
Let the matter appear after four weeks in the supplementary list under the heading "Listed Motion".
(HARISH TANDON, J.)