18745W/2014 on 11 August, 2014

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Calcutta High Court (Appellete Side)

18745W/2014 on 11 August, 2014

Bench: Tapabrata Chakraborty

                                           1




11.8.14

                      W. P. 18745 (W) of 2014 (Assigned)


          In re: Somen Maity                        ... Petitioner


          Mr. Malay Dhar
          Mr. Biswajit Sarkar                  ... For the Petitioner

          Mr. Debasish Ghosh
          Mr. N. Adhikari              ... For the Respondent Nos.1

and 2 Mr. Sougata Bhattacharya Mr. Binoy Das ... For the Respondent No.5 By an earlier order dated 16th of July, 2014, this Court directed the respondent no.3 to depute a competent officer to inspect the construction of the respondent no.5. Pursuant to such direction, an inspection was conducted by the municipal authorities and a report to that effect has been filed today.

In the said report, it has been, inter alia, stated that the private respondent no.5 has constructed his building beyond the approved plan at the open space of the western side of the concerned building. A copy of the said report be kept on record.

Mr. Ghosh, learned advocate appearing for the respondent no.3 is directed to hand over a copy of the said report to the writ petitioner and the private respondent no.5 in course of this day.

Mr. Bhattacharya, learned advocate appearing for the respondent no.5, submits that there has been no encroachment upon the common passage and that the building in the concerned plot has been constructed in consonance with the sanctioned building plan.

Having heard the learned advocates appearing for the respective parties and upon considering the materials on record, I am of the opinion that no useful purpose will be served by keeping the writ application pending since under the provisions of Section 218 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the said Act), an authority stands conferred upon the Board of Councillors, Contai Municipality to deal with the grievance as agitated by the petitioner and to pass appropriate order for demolition or for alteration of the building.

Accordingly, I direct the Board of Councillors of the Contai Municipality to initiate a proceeding under Section 218 of the said Act and to take a decision, in accordance with law, upon granting an opportunity of hearing to the petitioner as well as the respondent no.5 and to communicate the said decision to the petitioner and the respondent no.5.

The above exercise should be concluded within a period of six weeks from the date of communication of this order.

Till such decision is communicated, the respondent no.5 is restrained from making any further construction in the plot in question.

Needless to observe, in the event the petitioner's claim deserves acceptance, necessary follow up steps should be taken by the respondents forthwith.

As no affidavits have been called for, the allegations contained in the writ petition are deemed to have been denied by the respondents.

The writ application is accordingly, disposed of. 3 There shall, however, be no order as to costs.

(Tapabrata Chakraborty, J.)

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Calcutta High Court (Appellete Side)