Calcutta High Court (Appellete Side)
Sk. Shorab Ali And Ors vs State Of West Bengal And Ors on 3 June, 2024
Author: Amrita Sinha
Bench: Amrita Sinha
03.06.2024 Sl. 6 Ct.No. 5 K.B/ Amalranjan IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 13700 of 2024 Sk. Shorab Ali and ors.
Vs. State of West Bengal and ors. Mr. Partha Sarathi Bhattacharyya,Ld.Sr.Adv. Mr. Kazi Sajjad Alam ...for the petitioners Mr. Somnath Ganguli Ms. Sukla Das Chandra Mr. Soumen Chatterjee Mrs. Rituparna Moitra ...for the State Affidavit of service filed by the petitioners is taken on record.
An order of demolition of unauthorised building was passed by Maheshtala Municipality. The petitioners claim to be the occupiers of the said unauthorised construction. They made a prayer before the Maheshtala Municipality requesting regularization of the unauthorised construction upon payment of penalty charges. It has been submitted that there are twenty families in the said unauthorised structure.
The learned senior counsel representing the petitioners is unable to produce any provision of 2 law which permits regularisation of unauthorised construction of G+4 storied building upon payment of penalty charges. In the absence of specific legal provision, no direction can be passed upon the Municipality for consideration of the request made by the petitioners.
Admittedly, the structure in question is a G+4 storied building, constructed without any sanctioned plan. No mercy can be shown to such unauthorised construction and they are liable to be demolished without any unnecessary delay.
The prayer of the petitioners seeking direction to consider their prayer for regularisation cannot be accepted.
It has been submitted by the learned senior counsel representing the petitioners that notice of hearing was not served upon the all the occupants. The Municipality shall ensure that the demolition is carried out strictly in accordance with law.
The writ petition being WPA 13700 of 2024 fails and is hereby dismissed.
All parties are to act in terms of the server copy of this order duly downloaded from the official website of this Court. 3
Urgent certified photocopy of this order, if applied for, be supplied to the parties taking all legal formalities.
( Amrita Sinha,J. )