Calcutta High Court (Appellete Side)
Binoy Majumder vs The State Of West Bengal & Ors on 21 June, 2023
21-06-2023
Item No.14
IN THE HIGH COURT AT CALCUTTA
Subrata Constitutional Writ Jurisdiction
Bhattacharyya Appellate Side
WPA No.28017 of 2022
Binoy Majumder
-vs-
The State of West Bengal & Ors.
Mr. Binoy Majumder ... the petitioner-in-person
Mr. Sandipan Banerjee
Mr. Sobhan Majumder ...for Durgapur Municipal
Corporation
Mr. Rajarshi Basu
Mr. K.M. Hossain ...for the State
Mr. Sharanya Chatterjee
Mr. Nepesh Majhi ...for ADDA
Mr. Tanmoy Mukherjee
Mr. Souvik Das
Mr. K.R. Ahmed ...for respondents no.6 & 7
The petitioner is appearing in person after filing the no-objection from the erstwhile advocate-on-record. Let the vokalatnama be filed in the department in course of this day.
The petitioner submits that the constructions in question are absolutely illegal and are liable to be demolished.
Learned advocate representing the Asansol- Durgapur Development Authority (ADDA) submits a document wherefrom it appears that the Urban Development Authority sought for the legible copies of the deed of lease in respect of the land in question. It has been submitted that the legible copies of the lease deed 2 have been duly forwarded to the Urban Development Authority. Presently, the matter is pending before the Urban Development Authority with regard to the post facto regularisation of the constructions made. The issue of preparation of revised master plan is also pending consideration.
It appears from the note handed over by the Urban Development Authority that a survey was conducted by ADDA wherefrom it was revealed that one toilet, 20 garage, 4 religious structures, incomplete construction of godown are being carried out for utilisation of a part of the land without any intimation or prior permission of ADDA violating the relevant clause of the lease deed. ADDA has requested for permission whether the proposed master plan may be incorporated by amending the lease deed as well as revision in the existing master plan upon realisation of prescribed charges.
The land measuring 28.25 acres at Amarabati Defence Colony, Durgapur was allotted for construction of residential building in favour of Durgapur Ex-Servicemen's Co-operative Society by ADDA and a master plan for utilisation of the land was approved by ADDA in the year 1992 where 18.19 acres was earmarked for residential purpose and the rest area was proposed for shopping centre, office, parks, playgrounds, school and community centre etc. It appears that the department of Urban Development and the ADDA are required to act in tandem for taking a decision with regard to the revision of the master plan.
The aforesaid departments are hereby directed to take necessary steps in the matter, after giving a 3 reasonable opportunity of hearing to all the necessary parties. A decision shall be taken at the earliest but positively within eight weeks from the date of communication of this order.
Let the writ petition be listed once again for consideration on September 20, 2023 marked "For Orders".
The instructions handed over by learned advocate representing the ADDA be retained with the records.
Leave is granted to the petitioner to implead the Urban Development and Municipal Affairs Department, Government of West Bengal as party respondent in the writ petition. A copy of the writ petition be served upon the added respondent along with all orders passed in this matter by this court forthwith.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
[Amrita Sinha, J] 4