Calcutta High Court (Appellete Side)
Shri Subrata Guha Biswas And Another vs The State Of West Bengal And Others on 6 February, 2017
1
06.02.2017.
Item No. 29
W.P. 32141(W) of 2014
Shri Subrata Guha Biswas and another.
Vs.
The State of West Bengal and others.
Mr. Rajarshi Halder,
Mr. Chirantan Sarkar.
... for the petitioners.
Mr. Soumitra Bandyopadhyay.
... for the State.
Mr. Subhasis Bandyopadhyay.
... for the respondent nos. 2, 3 & 4.
Mr. Nayan Chand Behani.
... for the respondent no. 7.
Mr. Anirban Roy, Mr. Jayanta Sengupta, Mr. V.V.V. Sastry.
... for the respondent no. 8.
The petitioners have a serious grievance against the private respondent for installation of the mobile tower at Holding No. 49 of Burdwan Municipality at Mouza - Nari, JL NO. 70, RS Dag No. 674, LR Dag No. 1515/2125, RS Khatian No. 1476, LR Khatian No. 8978 near Saski Para Loco More within Ward No. 6 of the Burdwan Municipality.
It is not in dispute that "Stop Work" notice was issued by the Burdwan Municipality upon the private respondent.
2The private respondent says that immediately thereafter no further progress has been made in installation of the mobile tower and even today it is not operational. According to the private respondent, they obtained all clearance from the requisite authorities for installation of the said tower and the Municipality has issued the "Stop Work" notice without any reasons and rhymes and is keeping idle and as a result whereof the private respondent is deprived to operate the mobile tower so that the large number of consumers/users could be benefited.
The Municipality is not in a position to apprise the Court whether any further progress has been made after issuance of the "Stop Work" notice.
The Municipality cannot keep the plight of the individuals to remain in lurch but to take a decision so that the individuals may be in a position to take further steps in the matter.
This Court, therefore, directs the Burdwan Municipality/Board of Councilors to immediately take a decision whether the construction of tower is strictly in conformity with the requisite norms and the rules applicable therefor and in the event it is found that it fails to meet the requirements thereof, shall take immediate steps and shall bring the proceeding, so initiated, to an end within eight weeks therefrom in accordance with law.
In the event it is found to have confirm with the extant rules and regulations applicable therefor, a decision in this regard shall immediately be communicated to the petitioners.
3In both the eventualities, it is expected that the said authorities would adhere the principle of natural justice by affording an opportunity of hearing to all interested persons.
However, it is made clear that it is only the petitioners, who shall be allowed at the hearing fixed by the said authorities and there would not be any chaotic situation at the behest of the petitioners.
The aforesaid observation is made because of the fact that a mass petition has been filed against such installation of tower by the private respondent.
The writ petition is, thus, disposed of.
There shall, however, be no order as to costs.
ab (Harish Tandon, J.)