Calcutta High Court (Appellete Side)
Somenath Ghosh & Anr vs Ghatal Municipality & Ors on 22 June, 2017
Author: Harish Tandon
Bench: Harish Tandon
1
22.06.2017.
7
AGM
W.P. 11103 (W) of 2017
Somenath Ghosh & Anr
Vs.
Ghatal Municipality & Ors
Mr. Manabendra Thakur,
... for the Petitioner.
Mr. Sudip Sanyal,
Mr. Snehasis Jana,
... for the Private Respondent.
Despite service there is no representation on behalf of Ghatal Municipality.
Let affidavit-of-service filed today be kept on record. A notice was also served upon the municipality on 17th June 2017 before the matter was mentioned on 19th June 2017 for being taken up out of turn on the ground of urgency.
Let the communicating letter containing the seal and signature of the municipality filed today be kept with the record.
The grievance of the petitioner in the instant writ petition is that despite the complaint being lodged with the Chairman of the Ghatal Municipality on 1st March 2017, no steps have been taken thereupon.
It is submitted on behalf of the petitioner that the private respondents are making construction not only upon his land 2 but also without obtaining permission and/or sanction from the municipality.
So far the dispute in respect of title to the properties are concerned, the Writ Court cannot be converted into Civil Court. This Court therefore does not intend to make any observations on the title claimed by the respective parties. However, this Court can not overlook that once the private respondents are making construction without obtaining the permission/sanction from the municipality or in contravention to any of the provisions of the West Bengal Municipal Act, 1993, it is imperative on the part of the authorities to attend such complaint.
This Court therefore directs the board of councillors to consider the representation addressed to the Chairman on 1st March 2017 and dispose of the same within four weeks from the date of communication of this order after affording an opportunity of hearing to the petitioner and private respondents or their authorised representatives by recording proper reasons.
None of the observations made hereinabove shall have persuasive effect on the said representation/complaint, which shall be decided, independently without being influenced by such observations.
With these observations the writ petition is disposed of. 3 There shall be no order as to costs.
(Harish Tandon, J.)