Calcutta High Court (Appellete Side)
Swapan Kumar Chowdhuri vs State Of West Bengal & Ors on 30 September, 2019
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
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46 30.9 W.P. 15727 (W) of 2019
AGM 2019
Ct 2
Swapan Kumar Chowdhuri
-Vs-
State of West Bengal & Ors
Mr. Anindya Lahiri,
Mr. Argha Chowdhury,
... For the Petitioner.
The petitioner was granted a lease in respect of a
plot of land being No. 112 in Block-HB of Sector-III of
Salt Lake in the year 1st December, 1990.
The delivery was given and taken over of the plot
of land on 27th March, 1992.
In terms of Clause 2 (6) (a) of the indenture of
lease, construction were to be started within three
years from the date of possession, i.e., within 26th
March, 1995. But by that date the construction could
not be started, whatever be the reasons for that.
The Government of West Bengal, Department of
Urban Development and Municipal Affairs by a letter
dated 23rd March, 2018, which is at page 62 being
Annexure-P 9 of the writ application issued a notice
upon the petitioner under Clause 4 of the said
indenture of lease " to remedy the breach caused by
violation of clause 2 (6) (a) of the lease deed" within
six months from the date of issue of the said notice.
The Urban Development Department has
communicated in the said notice what were to be done
by the lease-holder to show remedy to the breach;
those are: sanction of a building plan by the competent
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authority and starting of construction on the demised
land within the said six month period.
The petitioner submits that he obtained the
sanctioned building plan thereafter on 16th August,
2018 which is within the six-month period and also
started construction soon thereafter. The petitioner by
his letter dated 22nd September, 2018 which is at page
83 being Annexure P-16 intimated the respective
officers of the respondent authorities that the
construction work on that plot had already been started.
On the basis of this fact, the petitioner submits that he has complied with the conditions as has been given in the said notice dated 23rd March, 2018.
Now, the problem what he has been facing is as there is a board installed in the said plot of land stating that the Urban Development Department has re- entered into the possession in respect of the said plot of land, no unauthorised construction would be allowed on that plot of land, the authority and other authorities are creating problems in the construction.
Because of such writing on the board, the petitioner is facing serious difficulties in constructing the building according to the building plan Nobody has appeared for the Urban Development Department, Government of West Bengal despite service.
I adjourn the matter till 22nd November, 2019 for 3 giving an opportunity to the Urban Land Department to come up with full instruction in respect of the notice dated 23rd March, 2018 and the inscription on the signboard and also with the instruction whether there is any legal impediment for the petitioner to continue with the construction of the said building.
However, I make it clear that the period, for which this application will remain pending in this Court, will be excluded from the said six month period of the said notice issued by the Urban Development Department which is at page 62 being Annexure P-9 of the writ application.
The petitioner prays for an order for continuation of the construction work which I am not granting today but if on the next occasion Urban Development Department does not appear, I will re-think over the issue of continuation of the construction. The petitioner will serve a copy of this order upon the respondent No.
8. (Abhijit Gangopadhyay, J.)