Calcutta High Court (Appellete Side)
Sri Bijoy Prasad Shaw & Anr vs Bhatpara Municipality & Ors on 29 September, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
29.09.2014.
S.D.
W.P. No. 26871 (W) of 2014
With
CAN 9994 of 2014
Sri Bijoy Prasad Shaw & Anr.
Vs.
Bhatpara Municipality & Ors.
Mr. Ayan Banerjee
Mr. Soumo Chaudhury
...For the Petitioners.
Mr. Dibyendu Chatterjee
....For the Respondent No. 3.
Mr. Dipak Kumar Mukherjee Mr. Ujjal Kumar Dutta Mr. Rajib Mukherjee ....For the Respondent No. 4.
In re: CAN 9994 of 2014 The application bearing CAN No. 9994 of 2014 is taken up for hearing as on day's list.
With the consent of the parties, the application for addition of following eight persons as party respondents to this proceeding is allowed.
1. Sri Ram Prosad Shaw.
2. Sri Radheshyam Shaw.
2
3. Sri Ashoke Shaw.
4. Sri Sunil Shaw.
5. Sri Anil Shaw.
6. Sri Ajit Kumar Shaw.
7. Sri Rabi Shaw.
8. Sri Arun Kumar Gupta.
Let it be recorded that a copy of the above application has already been served upon the learned counsel appearing on behalf of the petitioner. Similarly a copy of the writ application has also been served upon the learned counsel appearing for the applicants. This application bearing CAN 9994 of 2014 is, thus, disposed of.
There will, however, be no order as to costs.
In re: W.P. No. 26871 (W) of 2014 This writ application is directed against an order passed by the respondent no. 3 under his Memo No. U‐1/DR‐1/PWD/1998, dated September 2, 2014. By virtue of the impugned order, the petitioners have been directed to remove the unlawful construction lying and situated at Premises No. 44, Suku Shah Mahasay Road, Ward No. 09, P.O. Kankinara, P.S. Jagatdal, Dist - 24 Parganas (North). According 3 to the petitioners, the impugned order was passed on the basis of an order dated August 8, 2014 passed in the matter of Ram Prasad Shaw & Ors. vs. Bhatpara Municipality & Ors. (In re: W.P. No. 22555 (W) of 2014). According to the aforesaid order, the respondent Municipality was directed to pass a reasoned order in connection with the aforesaid alleged unauthorized construction. It is the case of the petitioners that the impugned order has been passed in violation of the provisions of Section 218 of the West Bengal Municipal Act, 1993 so far as the question of principles of natural justice including opportunity of hearing is concerned. No objection is raised by any of the parties present before this Court with regard to the aforesaid allegation.
In view of the above admitted fact, the impugned order is liable to be quashed and set aside and the same is quashed and set aside.
This order will not prevent the respondent Municipality to take necessary steps in the above matter in compliance of the aforesaid order dated August 8, 2014 passed in W.P. No. 22555 (W) of 2014 within November 30, 2014 and to communicate the same to all concerned including the petitioners within a week thereafter. 4 Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
( Debasish Kar Gupta, J. )