Calcutta High Court (Appellete Side)
Amitabha Balo Majumder vs The Board Of Councillor Of South Dumdum ... on 14 May, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
arct
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
W.P.N0.13421(W) of 2013
Amitabha Balo Majumder
v.
The Board of Councillor of South Dumdum Municipality & Ors.
Mr.Sanjit Kumar Ghosh ...for the petitioner.
Mr.Kamalendu Ghosh
Mr.Raaja Ghosh ...for the State.
Mr.L.C.Bihani
Mr.N.C.Bihani. .. for the Municipality.
Mr.Anupam Bhattacharjee. .. for the eleventh respondent.
Mr.Subir Kumar Roy. .. for the twelfth respondent. Heard on: May 14, 2013.
Order on: May 14, 2013.
The Court:- The allegations are regarding erection of unauthorised constructions. It has been alleged that the authority concerned of the Municipality has not taken any steps.
Advocate for the Municipality has submitted under instructions that on information that both the parties erected unauthorised constructions, the authority concerned of the Municipality has initiated proceedings that are pending.
In my opinion, the authority concerned of the Municipality should be directed to give final decision in the proceedings initiated under s.218 of the West Bengal Municipal Act, 1993. Needless to say that if a s.220 notice is issued, the authority shall enforce such notice.
For these reasons, I dispose of the WP ordering as follows. The Board of Councillors of the Municipality or its delegated authority, as the case may be, shall decide the s.218 proceedings initiated against the petitioner and the private respondents after making inquiry, recording proceeding and hearing all concerned as expeditiously as possible. If necessary s.220 notice shall be issued and enforced. No costs. Certified xerox.
(Jayanta Kumar Biswas, J.) sm.