Calcutta High Court (Appellete Side)
Saumya Nandy vs Rathin Ghose ... Contemnor on 25 November, 2016
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1
25.11.2016. CPAN 225 of 2014
dc. In
W. P. 22460 (W) of 2013
Re: CPAN 225 of 2014
Saumya Nandy ... Petitioner.
versus
Rathin Ghose ... Contemnor.
Mr. Utpal Bose, Sr. Adv., ... For the Petitioner.
Mr. Mrityunjoy Goswami,
Mr. Susobhan Sengupta,
Mr. Parikshit Goswami
... For the Municipality/Contemnor.
Mr. Debashis Karmakar,
Mr. Arya Nandi ... For the Respondent Nos. 3 to 6.
An affidavit is submitted by the Sub-Assistant Engineer of Madhyamgram Municipality. It is stated therein that demolition of unauthorised construction as per the order passed by this Court on 7th October, 2013 could not be carried out as the unauthorised construction is of such nature which if is removed, then the entire building will collapse. A report has also been submitted by the Engineer to that effect.
This Court finds that the Municipal authority hesitates to demolish the unauthorised construction as there is every possibility of the entire building being collapsed in case the portion of the unauthorised construction is removed from there. This Court, thus, feels that if the unauthorised 2 construction cannot be removed, then the only option which is left open to the Municipal authority is to regularise such construction on realisation of sanction fee and penalty.
Mr. Bose, learned senior counsel appearing for the petitioner submits that his client has no objection if the unauthorised construction which is detected by the Municipal authority in the buildings belonging to the other Nandys is regularised provided his client is also permitted to complete the incomplete Thakur Ghar and is also allowed to construct of one Reservoir on the ultimate roof of the building.
I feel that the suggestion which is given by Mr. Bose is very fair. As such, to put an end to this litigation, this Court permits the writ petitioner to submit a plan for the proposed construction of the Thakur Ghar and the Reservoir on the ultimate roof in his portion before the Municipal authority within a week from date and in the event such plan is submitted before the Municipal authority, the Municipal authority will sanction the said plan subject to structural stability of the building and upon realisation of the sanction fee and penalty for such construction. This exercise should be completed by the Municipal authority within four weeks from the date of submission of such plan.
The Municipal authority is also directed to regularise the unauthorised construction made by the other Nandys in their respective portions simultaneously with the grant of sanction to the petitioner's plan.
3This order is passed in the peculiar facts of the present case without creating any precedence.
The contempt application is, thus, disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
(JYOTIRMAY BHATTACHARYA, J.)