Calcutta High Court (Appellete Side)
Smt. Rikta Mondal vs The Rajpur-Sonarpur Municipality And ... on 12 June, 2012
Author: Soumitra Pal
Bench: Soumitra Pal
1
12 . 6 . 2012
W.P. 11008(W) of 2012
Smt. Rikta Mondal
versus
The Rajpur-Sonarpur Municipality and others
Mr. Hiranmoy Bhattacharyya,
Mr. Tanmoy Mukherjee,
..for the petitioner.
Mr. Mir Anuruzzaman,
..for the respondent no.2.
Mr. Chandranath Nath Sarkar, ..for the respondent no.4.
Affidavit of service filed today be kept on record. Leave granted to the petitioner to correct the cause title at page 3 of the writ petition.
In the writ petition the petitioner has prayed for a direction upon the authorities of the Rajpur-Sonarpur Municipality to take steps against the construction raised by the private respondent no.4 allegedly illegally. Submission has been made that though representations dated 17th April, 2012 and 5th May, 2012 were furnished before the authorities of the Municipality, however no steps have been taken. Aggrieved this writ petition has been filed.
Having heard the learned advocates for the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the Board of Councillors, 2 Sonarpur-Rajpur Municipality, the respondent no.3, to dispose of the representations dated 17th April, 2012 and 5th May, 2012 by initiating proceedings under section 218 of the West Bengal Municipal Act, 1993 by passing a reasoned order within eight weeks from the date of presenting a copy of the certified copy of this order after giving an opportunity of hearing to the petitioner and the private respondent no.4 and after verifying the records and after causing an inspection of the site upon notice. At the time of hearing parties are at liberty to furnish documents in support of their respective contentions and the respondent no.3 in its reasoned order shall deal with the same. Till reasoned order is passed and communicated no construction shall be made. If it is found that unauthorised construction has been raised, appropriate order shall be passed for demolition. I, however, make it clear that I have not gone into the merits of the matter and all points are left open to be dealt with by the respondent no.3.
Since the writ petition is disposed of at the stage of admission without calling upon the respondents, including the private respondent, to file affidavits controverting the allegations, allegations made in the writ petition are deemed not to have been admitted by them.
No order as to costs.
3Urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis.
(Soumitra Pal, J. )