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Calcutta High Court (Appellete Side)

Smt. Abir Kundu vs The Ghatal Municipality & Ors on 12 June, 2013

Author: Jyotirmay Bhattacharya

Bench: Jyotirmay Bhattacharya

                                               1



12.06.2013.
  d.p.
                        W. P. No. 14934 (W) of 2013


                         Smt. Abir Kundu.
                              versus
                         The Ghatal Municipality & Ors.



                        Mr. Sajal Kr. Bhattacharya,
                        Mr. Snehasis Jana.
                                      ... for the Petitioner.

                        Mr.   P. P. Mukherjee,
                        Mr.   P. K. Hazra,
                        Mr.   Kaushik Choudhury,
                        Mr.   Sabyasachi Hazra.
                                       ...For the Respondent Nos. 6 & 7.

Despite an order of demolition was passed by the Board of Councilors of Ghatal Municipality on 28th September, 2012 directing the Private respondents to remove the unauthorized construction raised by them in their premises, the Municipal authority has not yet taken any steps for removal of such unauthorised construction even though the time which was granted to the private respondents for removal of such unauthorised construction, has long expired and the private respondents have failed to demolish such unauthorized construction till date.

Under such circumstances, this court disposes of this writ petition by directing the Municipal authority to execute the said order of demolition immediately without fail.

Mr. Mukherjee, learned senior advocate appearing for the private respondents submits that his clients have never received any notice from the Municipality whereby they were called upon to remove the unauthorised construction from the said premises. Nothing has been produced by the Municipality before me to show that such notice was served upon them.

In such view of the fact that the operation of the order which is passed hereinabove will remain stayed for a period of three days and if within the said period the petitioner does not remove the unauthorised construction on his own, the Municipal authority will demolish such unauthorised construction immediately thereafter and will realise all costs of such removal from the private respondents.

The writ petition is, thus, disposed of.

Let a Photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned advocate of the petitioner on usual undertaking.

( Jyotirmay Bhattacharya, J )