Calcutta High Court (Appellete Side)
Sunita Das vs Contai Municipality & Ors on 9 January, 2018
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
1
55 January WP 15947 (W) of 2015
AN 09, 2018
Sunita Das
-vs.-
Contai Municipality & Ors.
Mr. Srimanta Datta
Mr. Nibaran Kundu
Mrs. Anima Maity
Mrs. Namrata Das
Mr. Manish Kr. Das
... for the petitioner
Mr. Billwadal Bhattacharyya
Mr. Anish Kumar Mukherjee
... for the Contai Municipality
This is an application under Article 226 of the
Constitution of India challenging cancellation of building plan granted
to the writ petitioner.
Counsel on behalf of the Contai Municipality fairly
submits that no opportunity had been granted to the writ petitioner
and, accordingly, such opportunity should be granted.
Accordingly, the order dated 5th January, 2015 is quashed
and set aside with a direction on the respondent authorities to grant
an opportunity of hearing to the writ petitioner and pass a reasoned order within a period of six weeks from date.
Needless to say, the writ petitioner shall be restrained from acting on the earlier sanctioned building plan and shall abide by the reasoned order passed by the Contai Municipality. In the event, the Municipality once again decides to cancel the sanctioned building plan of the writ petitioner, it shall be open to the writ petitioner to act in accordance with law.
2With the above observation, this writ petition is disposed off.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Shekhar B. Saraf, J.)