Calcutta High Court (Appellete Side)
Sri Suniti Kumar Pal & Ors vs The State Of West Bengal & Ors on 14 February, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
14. 2. 2017
BP W.P. 2978(W) of 2017
Sl. 15.
Sri Suniti Kumar Pal & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Tanmoy Mukherjee
..for the petitioner.
Mr. Narayan Chandra Bhattacharya
Ms. Sujata Ghosh,
..for the State.
Mr. Subrata Roy Karmakar
Mr. Nani Gopal Chakraborty
..for the respondent nos.7 to 14.
Mrs. Monjuli Chowdhury ..for the Howrah Zilla Parishad.
Let affidavit of service filed in Court today be kept on record.
The petitioners have filed the present writ petition for a direction upon the respondent authority to take steps in accordance with law for demolition of the unauthorised construction made by the private respondents.
Mr. Tanmoy Mukherjee, learned advocate for the petitioners submits that the petitioners have 2 approached before the Hon'ble Court against the illegal construction made by the private respondents thereby filing the writ petition being W.P. 23500(W) of 2015. This Hon'ble Court after being satisfied on 16th September, 2015 disposed of the said writ petition thereby directing the concerned Gram Panchayat, the respondent no.3 to dispose of the petitioners' representation in accordance with law after giving an opportunity of hearing upon all the parties. Pursuant to the Hon'ble Court's order hearing was held and on 5th February, 2016 the concerned Prodhan, Dakshin Jhapardaha Gram Panchayat, Domjur, Howrah disposed of that representation thereby directing the private respondents to take necessary steps for demolition of the said unauthorised construction. The operative portion of the said order is quoted hereunder :-
"You within one month from the date of receipt of this order demolish the illegal unauthorised construction made by you in your property situated under R.S. Dag No. 2754, L.R. Dag no. 2792 under R.S. Khatian No. 313 in Mouza Dakshin Jhapardah, J.L. No. 15 under P.S. Domjur, District Howrah at your own costs otherwise in default the panchayat will take necessary steps for demolition of the said illegal unauthorised construction and all costs in this regard shall be recovered by you.
Please comply the order."3
The private respondents herein assailing the Prodhan's Order moved before the Hon'ble Court thereby agitating that the Prodhan is not the competent authority to pass the order of demolition.
Considering the submission of the learned advocate appearing for the petitioners, the private respondents herein, on 29th February, 2016 the Hon'ble Court directed the petitioners, who was the private respondents in the said writ petition, to approach before the competent authority to deal with this case and pass the order of demolition complaining of the alleged illegality in the construction made by the writ petitioners. The relevant portion of the said order dated 29th February, 2016 is set out hereunder:-
"Any competent authority empowered to deal with this case and pass the order of demolition may be moved by the private respondents, complaining of the alleged illegality in the construction made by the writ petitioners.
In that event, the competent authority will consider the case of the private respondents upon hearing the parties by a reasoned order within reasonable time.
All the papers are before this Court. "
Pursuant to the order dated 29th February, 2016 the petitioners made representation before the Sabhadhipati, Howrah Zilla Parishad, Howrah, the 4 Sabhapati, Domjur Panchayat Samity, Domjur, Howrah, the District Engineer, Howrah Zilla Parishad, Howrah and the Dakshin Jhapordah Gram Panchayat, Khantora, Domjur, Howrah on 21st July, 2016.
Mr. Mukherjee submits that the competent authority is sitting tight over the said issue without taking any steps to demolish the unauthorised construction.
Mrs. Monjuli Chowdhury, learned advocate appearing for the Howrah Zilla Parishad submits that since the subject matter is within the jurisdiction of KMDA, therefore, the Zilla Parishad is the competent authority to pass the demolition order.
Considering the submissions advanced by the learned advocates for the parties and after perusing the record, I direct the District Engineer, Howrah Zilla Parishad, Howrah, the respondent no.3 to take a decision in respect of the petitioners' complaint dated 21st July, 2016 within four weeks in accordance with law after giving an opportunity of hearing to the petitioners or their authorised representative and the private respondents or their authorised representative and thereafter communicate the decision within one 5 week to all the parties.
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. ) 6