Calcutta High Court (Appellete Side)
Shiv Nath Singh vs Sri Arindam Guin on 3 March, 2017
Author: I. P. Mukerji
Bench: I. P. Mukerji
1
03.03.2017
Sl. No. 12
Ct.No.18
aa
W.P. 59 (W) of 2016
With
CPAN 1281 of 2016
Shiv Nath Singh
Vs.
Sri Arindam Guin
Mr. Debjit Mukherjee
Mrs. Susmita Chatterjee
...for the petitioner
Mr. Basudeb Gayen
...for the alleged contemnor/
Municipality
This compliance report is most unsatisfactory. The report
has been signed by the Vice-Chairman on 20th January, 2017
before a notary public. It is based on a compliance report of the
Baidyabati Municipality dated 28th November, 2016 which is an
annexure to the main compliance report 4.b. thereof is as
follows:-
"4.b. there is one projected roof (Cantilever) over the
common passage attached at the southern part of the
existing Building of Sri Samar Banik measuring about 3'-5"
in width and 29'-0" in length. Initially the width of common
passage was 3'-6' as shown in sanction plan of Sri Banik, in
the year 1992. Widening of common passage has been done
3'-6" to 6'-5" (average), demolishing the existing southern
side wall of the building of Sri Banik whereas Sri Shivnath
Singh purchased the property in the year 2006. But the roof
of the building was not demolished at that time which still
exist and projected over the present common passage."
2
Yet the Vice-Chairman in his report says that there is no
unauthorised construction. Due justice has not been done to
the order of this court dated 11th April, 2016 of which contempt
is alleged. The order directed conclusion of demolition
proceedings which were undertaken in respect of the illegality or
irregularity complained off in the writ petition (WP No. 59 (W) of
2016, Shiv Nath Singh Vs. State of West Bengal and Ors.).
In those circumstances, this application is adjourned till
12th May, 2017 to enable the respondent corporation to bring a
proper compliance report.
I remind the Baidyabati Municipality that the demolition proceeding according to the West Bengal Municipal Act, 1993 is heard by the Board of Municipal Councillors and not by the Chairman.
( I. P. Mukerji,J. )