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Calcutta High Court (Appellete Side)

(Sukumar Biswas vs The Barrackpur Municipality & Ors.) on 28 April, 2014

Author: Soumitra Pal

Bench: Soumitra Pal

                                                               1

8.4.2014
l.no. 21

                         WP 10954(W) of 2014



                 (Sukumar Biswas -vs- The Barrackpur Municipality & Ors.)


                 Mr. Tulsidas Roy
                 Mr. Sourav Chowdhuri....for the petitioner

                 Mrs. Shyamal Kumar Das ...for the respondent nos.

1&2 Mr. Soumyajit Bhatta ...for the respondent no.5 Mr. Ansar Mondal Mr. SM Samim Ullah ...for the State In the writ petition, the petitioner has prayed for a direction upon the authorities of the Barrackpur Municipality to take steps against the construction raised by the private respondent no.5 allegedly by making construction deviating from the sanctioned plan. It is submitted that though stop work notice under Section 220 of the West Bengal Municipal Act, 1993 was issued on 22nd May, 2013, by the Municipality, however, construction is still being allegedly raised by the said private respondent.

Learned advocate appearing on behalf of the private respondent no.5 submits that the petitioner too has raised unauthorized construction. It is submitted on instruction that since a suit has been filed with regard to encroachment, which is very much relevant to the construction, no order may be passed.

Learned advocate for the Barrackpur Municipality submits that since it was prima facie found that the construction has been made in deviation of the sanctioned plan, stop work notice under Section 220 of the Act has been issued and if directed, the Board of Councillors shall take steps with regard to unauthorized construction.

Heard learned advocates for the parties. Since there is an allegation and counter-allegation with regard to unauthorized construction, considering such fact, the writ petition is disposed of by directing the Board of Councillors, Barrackpur Municipality, the respondent no.1 to initiate proceedings under the provisions of the West Bengal Municipal Act, 1993, particularly Section 218 thereof, within two weeks from the date of presentation of a copy of the certified copy of this order and shall dispose of the same by passing a reasoned order to be communicated to the parties within ten weeks after giving an opportunity of hearing to the petitioner and to the private respondent no.5 and after verifying the records including the sanctioned plan, if any, and after causing an inspection of the site upon notice to the parties. At the time of hearing, parties are at liberty to furnish documents including the sanctioned plan, in support of their respective contentions and the Board of Councillors, Barrackpur Municipality in its reasoned order shall deal with the same. If it is found that unauthorized construction has been made by the parties, it shall be demolished in accordance with law. It is made clear that I have not gone into the question of encroachment, which can only be dealt with and decided by the Civil Court as suit is pending and orders have been passed.

Since the writ petition is disposed of at the stage of admission without calling upon the respondents, including the private respondent to file affidavits controvering the allegations made therein, allegations made are deemed not to have been admitted by them.

No order as to costs.

(Soumitra Pal, J.)