Calcutta High Court (Appellete Side)
Samir Sarkar vs The State Of West Bengal & Ors on 19 August, 2013
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1
19.08.2013.
d.p.
W. P. No. 18291 (W) of 2013
Samir Sarkar.
Versus
The State of West Bengal & Ors.
Mr. Soumyajit Bhatta.
...For the Petitioner.
Mr. Shyamal Sur.
...For the Respondent Nos.2, 3 & 4.
Mr. Rajarshi Chatterjee.
...For the Respondent No.6.
Despite a demolition order was passed by the Municipal authority for demolishing the unauthorised construction raised by the private respondent in his premises No. 104A, Srikrishna Nagar, Belgharia, Kolkata-700056, such order of demolition was not implemented by the Municipal authority.
As such, the petitioner earlier moved a writ petition before this court for implementation of the said order of demolition passed by the Municipal authority. The said writ petition which was registered as W.P. No. 10469(W) of 2013, was disposed of by a Learned Single Judge of this Court on 11th April, 2013 by recording that since the order of demolition has not been appealed against, execution of the said demolition order, cannot be resisted. The said writ petition was ultimately disposed of by recording the submission of the learned advocate appearing for the Municipality 2 that the authorities of the Municipality will take steps for implementation of the demolition order within eight weeks.
Despite such submission was made by the learned advocate appearing for the Municipality and the order was passed by recording such submission of the learned advocate appearing for the Municipality, the Municipal authority has not yet been taken any step to implement the said order of demolition.
Accordingly, the petitioner has come before this court.
There is nothing on record to show that either the demolition order which was passed by the Municipal authority, was set aside and/or quashed by any appropriate forum or the order passed by the learned Single Judge of this court on 11th April, 2013 in W.P. No. 10469(W) of 2013 was set aside and/or modified.
As such, this court is of the view that execution of the demolition order, cannot be resisted under any circumstances.
This court thus, directs the Municipal authority to execute the demolition order by demolishing unauthorised construction positively within a period of four weeks from the date of communication of this order and in case the Municipal authority feels that the police help is necessary for execution of the said demolition order, the Municipal authority will approach the Officer- in-charge of the local police station for rendering necessary police help to the municipal employees for executing the order of demolition and in the event the Officer-in-charge of the local police station is approached for police help, he will render all possible help to the municipal employees to execute the said order of demolition.
3The writ petition is kept pending for ascertaining compliance of this order by the Municipal authority.
Let this matter appear in the list on 20th September, 2013 for submission of the compliance report by the Municipal authority.
Urgent Photostat certified copy of this order, if applied for, be supplied to the learned advocate for the petitioner immediately.
( Jyotirmay Bhattacharya, J )