Calcutta High Court (Appellete Side)
Shibnath Chandra & Anr vs The State Of West Bengal & Ors on 2 September, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
02.09.2014.
S.D.
W.P. No. 20379 (W) of 2014
Shibnath Chandra & Anr
Vs.
The State of West Bengal & Ors.
Mr. Tarun Kumar Das
...For the petitioners.
Mr. Debabrata Sen
Mr. Dilip Kumar Saha
...For the Respondent No. 7.
Mr. Shamba Chakraborty Mr. Triptimoy Talukder ....For the Municipality.
Mr. Abhratosh Mazumdar
Mr. Srijib Chakraborty ...For the State.
Mr. Subhasish Pachhal ...Special Officer.
This writ application is filed by the petitioner alleging inaction on the part of the respondent no. 2 in demolishing the unauthorized construction raised at Premises No. 21, Lalit Mohan Basu Place, Konnagar, District - Hooghly at the instance of the respondent no. 7 deviating from the building sanctioned plan. 2 It is submitted by the learned counsel appearing on behalf of the respondent nos. 2, 3, 4 and 5, on instruction, that the demolition of the above unauthorized construction at the premises under reference is in progress. Assurance is given to this Court to demolish the unauthorized construction at the premises entirely.
It is submitted by learned counsel appearing on behalf of the respondent no. 7, on instruction, that if there is any deviation from the building sanctioned plant, he has no objection for demolition of that portion in the premises under reference at the instance of the respondent no. 2.
It is submitted by the learned Counsel for the State, on instruction, that in terms of the order dated August 5, 2014, copy of the writ application could not be served upon the respondent no. 7 in spite of assistance given to the Post Master of Konnagar Post Office because the respondent no. 7 had not been residing at the above premises. Let the report submitted by the respondent no. 6 by way of an affidavit be kept on record.
Having heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances of the case, I direct the respondent no. 7 at the 3 premises under reference in deviation from the building sanctioned plan within six weeks.
The respondent no. 7 is directed to render his cooperation to the competent officers/persons of the competent authority of the respondent no. 2 in this regard.
Mr. Subhasish Pachhal, learned counsel practising in this Court is engaged as a Special Officer of this Court to cause an inspection at the premises under reference after receiving the information from the competent authority of the respondent no. 2 with regard to the completion of the demolition work of the remaining portion of the premises under reference in terms of the above directions in presence of the petitioner and the respondent no. 7 or their authorized representatives and to file a report before this Court on the next date of hearing.
The hearing of this matter stands adjourned to November 12, 2014 and this matter will appear in the Daily Supplementary Cause List on that date under the heading "For Hearing".
The respondent no. 6 is directed to render his cooperation to the respondent Municipality to ensure compliance of this order as also the learned Special Officer to comply the aforesaid directions. 4
The remuneration of the learned Special Officer is fixed at Rs.10,000/‐ (Ten thousand) and the respondent no. 7 is directed to bear the above fees and to pay the same to the learned Special Officer on the date of inspection.
Let photostat plain copy of this order, duly countersigned, by Assistant Registrar (Court) be given to the learned Special Officer on usual undertaking and the same may be shared by the parties of this proceeding.
( Debasish Kar Gupta, J. )