Calcutta High Court (Appellete Side)
Bd Tarun Kumar Das & Another vs Uttarpara Kotrung Municipality & Ors on 17 October, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
17.10.14 W.P. 28659 (W) of 2014
akd
&
bd Tarun Kumar Das & Another.
Vs.
Uttarpara Kotrung Municipality & Ors.
--------
Mr. Tapas Dutta.
... For Petitioners The respondents are not represented despite service.
The petitioners complain that the private respondent has commenced construction of a building on a common passage despite the subsisting order passed in a civil suit instituted by the petitioners before the Serampore Court.
The order passed by the Civil Court on September 20, 2014 restrains the private respondent from making any construction over or above the common passage. However, the private respondent has been permitted to proceed with the construction of the house as per the sanctioned plan dated March 7, 2014.
It is the petitioners' case that the private respondent has encroached on a three-foot common passage between the plot of the private respondent and that of the petitioners. It is the further grievance of the petitioners that the municipal authorities have paid no heed to the petitioners' complaint. Since the respondents are not represented despite service and the petitioners' allegations remain 2 unrebutted at the moment, there will be an injunction restraining the private respondent from making any construction in deviation of the sanctioned plan. Since it is the petitioners' case that illegal construction has been commenced by the private respondent on the ruse that such construction is covered by the sanctioned plan, let no further construction be continued by the private respondent without the private respondent first obtaining a certificate from the municipality that the private respondent has, thus far, not made any construction beyond the sanctioned plan.
For the moment, there will be a complete prohibition of further construction being made without such certificate being obtained by the private respondent.
Let the matter appear before the regular Bench on October 29, 2014.
The petitioners will effect fresh service on the respondents and forward copies of this order to them immediately.
(SANJIB BANERJEE, J.) 3