Calcutta High Court (Appellete Side)
Area Iiic Residents' Cultural ... vs The West Bengal Housing Infrastructure on 1 December, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
60
01.12.2023
A.G.M.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A. 22735 of 2023
The Secretary, Newtown Kolkata Action
Area IIIC Residents' Cultural Association & Anr.
-versus
The West Bengal Housing Infrastructure
Development Corporation Ltd. & Ors.
Mr. Jaydip Kar. Sr. Adv.
Mr. Biswadal Bhattacharya.
Mr. Suryaneel Das.
...For the Petitioners.
Mr. Santanu Kumar Mitra.
Mr. Amartya Pal.
...For NKDA.
Mr. Chayan Gupta,
Mr. Rahul Das,
Mr. Saaqib Siddiqui.
...For the Respondent
Nos. 1 and 2.
An inspection report has been filed before this Court signed by the Estate Manager-I, New Town Kolkata Development Authority mentioning that the site was inspected and it appeared that a big area has been covered by tin boundary wall. Inside the boundary wall one tin structure is there with signboard Jumma Masjid. No one was found inside the boundary during the time of inspection. Photographs have been annexed with the report. The report is taken on record.
Attention of the Court has been drawn to page 67 of the writ petition wherein HIDCO has adjudicated the issue and has passed order that the structure in question is unauthorised and should be removed within 2 ten days. The time period for removal of the unauthorised construction is long over.
Learned advocate representing the HIDCO submits, upon instruction that, a complaint has been lodged before the concerned police station after noticing the unauthorized construction and encroachment.
It has been submitted that no permission has been granted for making construction over the said plot of land.
HIDCO is directed to file a report before this Court by way of affidavit disclosing all details.
The report shall specify as to why permission was granted for raising any construction. If any permission is granted, then the persons in whose favour permission has been granted shall be indicated. The nature of use of the land shall be mentioned.
The report shall be prepared and circulated amongst all the parties by 15th of December, 2023.
The petitioners will be entitled to file an exception to the same within a week thereafter.
List on 8th January, 2024.
As it has been submitted that no sanction or permission has been granted for raising construction and as it has been observed that the construction in question is an unauthorised one, all the competent authorities are directed to ensure that no construction in any manner whatsoever is carried on at the subject premises without obtaining necessary permission.
( Amrita Sinha, J.)