Calcutta High Court (Appellete Side)
Rohit Barik vs Ghatal Municipality & Ors on 15 November, 2021
Author: Shampa Sarkar
Bench: Shampa Sarkar
15.11.2021
Sl. No.26
srm
W.P.A. No. 13658 of 2021
Rohit Barik
Vs.
Ghatal Municipality & Ors.
Mr. Koushik Roy
...for the Petitioner.
Mr. Rwitendra Banerjee,
Mr. Debdutta Pathak
...for the Respondent No.8.
Mr. Swarup Kumar Ghosh, ...for the Respondent Nos.1, 2 & 3.
Affidavit of service is taken on record. Leave is granted to the petitioner to correct the cause title here and now.
It is submitted on behalf of the petitioner that the respondent No.8 has been constructing unauthorisedly.
The learned Advocate for the Ghatal Municipality also submits that there is no sanction plan.
Contrary to the said submissions, the learned Advocate appearing on behalf of the respondent No.8 submits that the records of a civil suit reveal that a construction was raised under the Pradhan Mantri Awas Yojana on the selfsame plot.
Under such circumstances, this dispute is to be resolved upon an inspection by the concerned municipality. An authorised representative of the municipality must visit the 2 premises in question and inspect the same in order to ascertain whether the said construction was approved under the Pradhan Mantri Awas Yojana and was constructed in accordance with the drawing approved by the municipality. The inspection shall be made in presence of the parties. Advance notice be served upon the petitioner as also the respondent No.8 before the inspection is made.
Let such report be filed on the next date. Let this matter appear on December 9, 2021.
(Shampa Sarkar, J.)