Calcutta High Court (Appellete Side)
Biplab Kr. Choudhury & Ors vs North Dumdum Municipality & Ors on 16 December, 2013
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16.12.2013
Sl.25
as/ab
W.P.30010 (W) of 2013
Biplab Kr. Choudhury & Ors.
-vs-
North Dumdum Municipality & Ors.
Mr. Aniruddha Chatterjee.
... For the Petitioners.
Mr. N. C. Bihani.
...For the P.C.B.
Mr. Suman Sengupta,.
...For the State.
The following prayers have been prayed for by the petitioners.
"a) A writ of and/or order and/or direction in the nature of Mandamus commanding
the Central Bureua of Investigation (CBI) or any other specialized agency to
investigate into the allegations in order to prevent the unauthorized construction
made beyond the sanctioned plan of illegal filling up of water bodies which are
carried out without obtaining necessary permission for conversion and permitting
storage of building materials shop, stall, club, party office, parking, garage illegally
on the main roads and under over bridge of Birati Rail Station in thickly populated
areas and submit a report before this Hon'ble Court.
b) A writ of and/or order and/or direction in the nature of Mandamus commanding
the respondent municipal authorities to take immediate steps for dissolution of the
board of Commissioners of North Dumdum Municipality to protect the general public from the multifarious illegal activities of the officers and men attached to North Dumdum Municipality.
c) A writ of and/or order and/or direction in the nature of Mandamus commanding the respondents, their servants, agents and direct the respondent number 2 to take immediate steps for demolishing the premises constructed beyond sanctioned plan, to restore the water bodies illegally filled up and to take immediate steps for removal of the building materials shop, stall, club, party office, parking, garage illegally dumped on the main roads and under over bridge of Birati Rail Station.
d) A writ of and/or order and/or direction in the nature of Mandamus commanding the police authorities to afford adequate police assistance to the petitioners to protect them from the clutches of the illegal promoters, the Chairman of the municipality and their henchmen.
e) A writ of and/or direction in the nature of Mandamus commanding the respondents, their servants, agents particularly the respondent no.2 herein to take 2 immediate steps to implement the provisions of the West Bengal Town And Country Planning and Development Act to prevent the misuse of the provisions of the Bengal Municipal Act by the promoters and/or developers of that area.
f) A writ of and/or order and/or direction in the nature of Certiorari directing the respondents, particularly the respondent no.2 herein, their servants, agents to transit the entire records relating to the case before this Hon'ble Court so that conscionable justice be administered by quashing the same.
g) Rule Nisi in terms of prayers "a" to "d" above.
h) An interim order of injunction be passed directing the respondent number 2 to take necessary steps to demolish the premises constructed beyond sanctioned plan, to restore the water bodies illegally filled up and to take immediate steps for removal of the building materials shop, stall, club, party office, parking, garage illegally dumped on the main roads under over bridge of Birati Rail Station and to implement the provisions of the West Bengal Town And Country Planning and Development Act to prevent the misuse of the provisions of the Bengal Municipal Act by the promoters and/or developers of that area.
i) An interim order of injunction be passed directing the respondent police authorities to afford adequate police assistance to the petitioners to protect them from the clutches of the illegal promoters, the Chairman of the municipality and their henchmen.
J) Such further or other order or orders be made and/or direction or directions be given as to this Hon'ble Court may deem fit and proper."
The learned Counsel appearing on behalf of the petitioners has submitted that the petitioners had submitted a representation, being Annexure P-7 at page 57 of the writ petition, before the concerned authority.
The concerned District Magistrate is directed to consider the representation of the petitioners and be dealt with effectively and properly and be decided within a period of two months from date and requisite action be taken forthwith with regard to the prayer made by the petitioners.
With the aforesaid direction, the writ petition is disposed of.
(Joymalya Bagchi,J) (Arun Mishra, Chief Justice)
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