Calcutta High Court (Appellete Side)
Islam Khan vs State Of West Bengal And Others on 3 April, 2017
1
03.04.2017.
Item No. 23
W.P. 8505(W) of 2017
Islam Khan
Vs.
State of West Bengal and others.
Mr. Pratip Mukherjee,
Mr. Indradeep Pal,
Mr. M. F. Rahaman.
... for the petitioner.
Mr. Nayan Chand Bihani,
Ms. Anuradha Sengupta.
... for the State.
Mr. Subhasis Bandopadhyay.
... for the respondent nos. 2, 3 & 4.
Mr. Priyabrata Batabyal.
... for the respondent nos. 5, 6, 7 & 8.
The petitioner invited attention of the Municipal Authorities that the private respondents are making unauthorized and illegal construction at the site in question, yet no action is taken by the Municipality against the wrongdoers.
A preliminary objection is raised by the Municipality that the petitioner is neither the recorded owner nor a tenant in the premises in question and, therefore, cannot maintain the writ petition of such nature.
I am amazed and surprised with such submission, more particularly, coming from the Municipality. The Municipality has been reminded of their statutory duties and functions entrusted under the law, which is the source of their origin. If a person, who 2 claims to be the lessee of the premises or even a neighbour or inhabitant of the locality, apprises the Municipality and their authorities about the illegal and unauthorized construction, it is a duty of the concerned officer to act within the periphery of the provisions contained under the West Bengal Municipal Act, 1993.
The Board of Councilors are sleeping in slumber and allowing unauthorized construction to come up and they are only awaken when a whistleblower has approached this Court and seeks an order upon the Municipal Authorities to act within the precinct of law.
This is the case of such nature and this Court feels that the stand of the Municipality in this regard is unwelcomed and cannot be appreciated at all.
Since the complaint has been lodged, the Board of Councilors are directed to depute a responsible officer to inspect the site in question and if the report submitted by the said officer depicts unauthorized and illegal construction shall initiate a proceeding and shall see that the said proceeding reaches to its logical end within six weeks from the date of communication of this order in accordance with law.
With these observations, the writ petition is disposed of. There shall, however, be no order as to costs.
ab (Harish Tandon, J.)