Calcutta High Court (Appellete Side)
Ashok Sarkar & Anr vs The State Of West Bengal & Ors on 24 September, 2019
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
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24. 09 . 2019
BP W.P. 14105 (W) of 2019
Sl 24
Ashok Sarkar & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Chinmoy Guha Thakurta
Ms. Soumi Guha Thakurta
Ms. Sompurna Chatterjee
..for the petitioners.
Mr. N.C. Bihani
Mr. Billwadal Bhattacharya
..for the Corporation.
Mr. Tapas Kumar Adhikari
Mr. Somraj Dhar
..for the State.
Let affidavit of service filed in Court today be
kept on record.
Despite service of notice no one appears on
behalf of the private respondent no.7. No
adjournment is sought for.
The petitioners have filed the present writ petition for a direction upon the Bidhannagar Municipal Corporation to consider and take a decision in respect of the petitioners' complaint 2 through their learned advocate dated 17th June, 2019.
Mr. Chinmoy Guha Thakurta, learned advocate for the petitioners submits that pursuant to this complaint an inspection was conducted by the Bidhannagar Municipal Corporation and upon inspection the following irregularities/illegalities were found by the Assistant Engineer & SPIO, Bidhannagar Municipal Corporation on 24th May, 2019. The irregularities/illegalities as narrated in the letter dated 24th May, 2019 are quoted below:-
"Sub:- Informations under R.T.I. Act "2005"
Ref:- Your Letter No.-Nil, dated- 24/04/2019, acknowledged by BMC vide reference no-009282, dated:- 26/04/2019 Sir, Following the informations are received from Executive Engineer, Building Plan Department, Bidhannagar Municipal Corporation. Answer of the Queries
a) According to possession certificate of U.D. Department present lessee of the plot AK-128, Salt Lake, Sector-II are violette Roy, Ramona Adhikari, Amita Dutta, Miss Ronita Roy.
b) Yes.
c) Rule 107, Chapter X of West Bengal Municipal Building Rules, 2007.
d) According to office file the name of the owner of AK-111 is Asok Sarker.
e) As per latest inspection record dated 04-08- 2016-Entire back open spaces covered by an unauthorized shed and a toilet made behind the garage.
f) Not approved.
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g) Not applicable.
Yours Faithfully, Assistant Engineer & SPIO Bidhannagar Municipal Corporation Dated 24.05.2019"
That being the scenario, I direct the Bidhannagar Municipal Corporation to invoke Section 266 of the West Bengal Municipal Corporation Act, 2006 and complete the entire proceedings within eight weeks.
Let the letter dated 24th May, 2019 as handed up by Mr. Guha Thakurta be kept on record.
With this direction, the writ petition is disposed of.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.
( Samapti Chatterjee, J. ) 4