Calcutta High Court (Appellete Side)
Sri Bansodhor Ghosh vs Basirhat Municipality & Ors on 10 December, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
z 1
61. 10.12. W.P. 3212 (W) of 2018
Sd3 2018
Sri Bansodhor Ghosh.
Versus
Basirhat Municipality & Ors.
Mr. Javed K. Sanwarwala
Ms. Farah Anjum
...for the Petitioner
Mr. Ayanabha Raha
...for the respondent nos. 1,2,3,4 & 5.
A report as called for by the order dated November 14, 2018 filed in Court be taken on record.
Learned advocate appearing for the municipality makes over a copy of the report to the learned advocate for the petitioner and the private respondent in Court.
The report speaks of unauthorized construction at the locale.
Learned advocate appearing for the private respondents submits that, his client is 1/4th share holder of the property. His client applied for grant of sanction. Such application is yet to be decided by the municipality.
Be that as it may, since the municipality is of the prima facie view that, there subsists an unauthorized construction, it will invoke provisions of Section 218 of the West Bengal Municipal Act 1993 within a period of fortnight from date. It will endeavour to conclude such proceedings within twelve weeks thereafter. The issue as to the nature and extent of the unauthorized construction is kept open to be decided in such proceedings.
The authorities will afford a reasonable opportunity of hearing to the private parties in such proceedings.
W.P. No.3212(W) of 2018 is disposed of. No order as to costs.
z 2Urgent certified Website copy of this order, if applied, be supplied to the parties, upon compliance of all requisite formalities.
(Debangsu Basak, J.)