Cowcoody Builders Pvt. Ltd vs 5.18 Serampore Municipality & Ors on 10 May, 2018

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Calcutta High Court (Appellete Side)

Cowcoody Builders Pvt. Ltd vs 5.18 Serampore Municipality & Ors on 10 May, 2018

Bench: Debangsu Basak

                                        1


                          W.P. No.29449 (W) of 2017
                         Cowcoody Builders Pvt. Ltd.
                                     v.
10.05.18

Serampore Municipality & Ors.

SL-38
Ct-13      Mr. Utpal Bose
(S.R.)     Mr. P.K. Jhunjhunwala
           Mr. S. Rudra                     ... for the petitioner.

           Mr. Goutam Lahiri
           Mr. Niladri Saha                 ... for the Municipality.

           Mrs. Sima Adhikari               ... for the State.

Affidavit of service filed in Court be kept with the record.

The petitioner has three fold grievances. One grievance is that, the petitioner is not being allowed to construct a boundary wall of less than three meters in height. The other grievance is non-removal of encroachment from roads belonging to the Municipality. The third grievance is non-removal of a unused vehicle from the vicinity of the land belonging to the petitioner.

The Municipality is represented.

Learned advocate for the Municipality refers to the West Bengal Municipal (Building) Rules, 2007 and particularly the Rule 73 thereof and submits that, the 2 petitioner is entitled to construct a boundary wall of two meters in height.

Learned senior advocate appearing for the petitioner draws the attention of the Court to Section 2(3) of the West Bengal Municipal Act, 1993 and submits that, the petitioner is entitled to have a boundary wall of less than three meters in height.

It appears that, the petitioner had applied for permission to construct a boundary wall. The Municipality is yet to consider and decide the same by a reasoned order. The writing dated June 22, 2017 is unreasoned. The same is set aside. Consequently, the Municipality will consider and decide the application made by the petitioner, in accordance with law, and will pass a reasoned order thereon. Needless to say that, the Municipality will afford a reasonable opportunity of hearing to the petitioner before passing the reasoned order.

So as to the encroachment is concerned, the Municipality will demarcate and, if it is found that, there is any encroachment on any land belonging to the 3 Municipality, it will take expeditious steps for the purpose of removal of the same.

So far as the storage of unused vehicles are concerned, it appears that, they are parked on property not belonging to the petitioner. Consequently, no order need be passed on such issue in the present writ petition. Such issue is kept open.

W.P. No.29449 (W) of 2017 is disposed of accordingly.

There shall be no order as to costs.

Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Debangsu Basak, J.)

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Calcutta High Court (Appellete Side)