Calcutta High Court (Appellete Side)
9Th Pally Unnayan Samity & Ors vs The Joynagar‐Mozilpur Municipality & ... on 14 August, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
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14‐08‐2018
S.D.
W.P. 11622 (W) of 2018
9th Pally Unnayan Samity & Ors.
Versus
The Joynagar‐Mozilpur Municipality & Ors.
With
W.P. 21364 (W) of 2017
Tapan Banerjee alias Tapan Kumar Bandyopadhyay
Vs.
The State of West Bengal & Ors.
Mr. Bhaskar Prasad Banerjee
Mr. P. Baidya
Mr. Sudipta Ghosh
Ms. Sabnam Basu.
... for the petitioners.
Mr. Nirmal Kumar Manna
Mr. Sanatan Panja.
... for the State.
Mr. S. Ganguli
Mr. B.P. Banerjee
Mr. S. Ghosh
Mr. P. Baidya
...for the Respondent No. 4.
Mr. A. Chakraborty Mr. K.K. Maiti Mr. T. Banerjee ... for the respondent no. 8.
Mr. Subhendu Banerji.
... for the Municipality.
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Report as called for by the order dated July 19, 2018 filed in Court be taken on record.
Learned Advocate appearing on behalf of the municipality circulates a copy of the report amongst the learned Advocate for the private parties in Court.
Two writ petitions are involved.
The report speaks of unauthorized construction at Plot No. 1060. The report also notes that, a particular person is recorded as the owner in respect of such plot.
As a Writ Court, I am not called upon to decide title to the plot.
The issue of title to Plot No. 1060 and in fact, the plots involved in the two writ petitions are kept open to be decided by an appropriate forum. The Court is informed that, there are civil suits pending between the private parties.
So far as the unauthorized construction is concerned, it is a finding of the municipality that, there subsists unauthorized construction at Plot No. 1060. 3
In such circumstances, it would be appropriate to direct the municipality to initiate proceeding under Section 218 of the West Bengal Municipal Act, 1993 for the purpose of removal of such unauthorized construction from the Plot No. 1060. It will do so within a period of two weeks from date. It will endeavour to complete such proceeding within a period of six weeks thereafter. It will afford the private parties a reasonable opportunity of hearing in such proceeding. The nature and extent of the unauthorized construction is kept open to be decided in such proceeding.
W.P. 11622 (W) of 2018 and W.P. 21364 (W) of 2017 are disposed of.
No order as to costs.
Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the formalities.
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