Calcutta High Court
Biswajit Biswas vs The State Of West Bengal & Ors on 26 July, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
OD-5 ORDER SHEET
WPO No.1325 of 2023
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
BISWAJIT BISWAS
-Versus-
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date:26th July, 2023.
Appearance:
Mr. Sumitava Chakraborty, Adv.
...for Petitioner.
Mr. Subhrangsu Panda, Adv.
Ms. Manisha Nath, Adv.
...for KMC.
Ms. Suvasree Ghose, Adv.
..for State.
The Court:-An affidavit has been filed by the Executive Engineer of the Building Department wherein a copy of the order of demolition passed by the Special Officer (Building) on 06.07.2022 is annexed.
It appears therefrom that the person responsible has been directed to demolish a portion of the unauthorized construction by deviating from the sanctioned plan as demarcated in the demolition sketch within thirty days from the date of communication of the order. The order in question was forwarded to the petitioner by communicating letter dated 29.04.2023 posted on 03.05.2023.
Learned advocate for the petitioner submits that the demolition sketch has not been forwarded till date. Without the demolition sketch, the portion which has been marked for demolition cannot be identified. 2
It appears from the order of demolition that the demolition sketch has been made part and parcel of the order.
The Executive Engineer is directed to immediately forward the demolition sketch to the petitioner so that the direction passed in the order may be complied with.
Learned advocate for the petitioner seeks time to file exception to the report. Let exception to the report be filed by 17th August, 2023.
As the demolition sketch which has been made part and parcel of the order is yet to be supplied to the petitioner, accordingly, the order of demolition shall not be made effective for a period of thirty days from the date of forwarding the demolition sketch.
List on 17th August, 2023.
(AMRITA SINHA, J) nm