Calcutta High Court (Appellete Side)
(Jadunandan Mahato vs The State Of West Bengal & Ors.) on 13 September, 2013
Author: Soumitra Pal
Bench: Soumitra Pal
1
3.9.2013
l.no. 6
WP 25693(W) of 2013
(Jadunandan Mahato -vs- The State of West Bengal & Ors.)
Mr. Rakesh Barman
Mr. Sudipta Dasgupta...for the petitioner
Mr. Sushil Kumar Sikdar...for the respondent nos. 7 & 8
Mr. Jagadish Chandra Das Mr. Binay Kumar Das ...for the State Mrs. Manjuli Chowdhury ...for the respondent no.3 Leave granted to the petitioner to add the District Engineer, Howrah Zilla Parishad as party respondent. Let the cause title be amended.
In the writ petition, the petitioner has alleged that the private respondent nos. 7 and 8 are raising construction on the plot of land in question without having the plan sanctioned by the Howrah Zilla Parishad, the respondent no.3. It has been stated that though a representation dated 8th July, 2013 was addressed to the respondent no.3 and though thereafter, stop work notice under Section 46 read with Sections 52 and 53 of the West Bengal Town and Country Planning Act, 1979 was issued by the authorities of the Zilla Parishad addressed to the private respondent nos. 7 and 8, however, no step was taken. Aggrieved, this writ petition has been filed.
It is submitted on behalf of the Howrah Zilla Parishad that the allegation of inaction on the part of the Howrah Zilla Parishad is incorrect as stop work notice 2 was issued on 15th July, 2013, that is the date on which show cause notice was issued. Thereafter, the private respondent nos. 7 and 8 have replied.
Learned advocate appearing on behalf of the private respondents submits that the allegations made in the writ petition are without any foundation as the construction has been raised with due sanction from the Zilla Parishad.
Having heard the learned advocates for the parties, since I find that pursuant to the show cause notice the private respondent nos. 7 and 8 have replied and the matter is pending before the authority, considering such fact, the writ petition is disposed of by directing the District Engineer, Howrah Zilla Parishad, the added respondent no.10 to dispose of the matter regarding the alleged unauthorized construction by the respondent nos. 7 and 8 by passing a reasoned order to be communicated to the parties within eight weeks from the date of presentation of a copy of the certified copy of this order after giving an opportunity of hearing to the petitioner and to the private respondent nos. 7 and 8 and after verifying the original records and the plan and after causing an inspection of the site either personally or through a competent officer duly authorized upon notice to the parties. If it is found that unauthorized construction has been raised, same shall be demolished within four weeks from the date of passing of the reasoned order in accordance with law. It is made clear that in view of the order dated 30th July, 2013 passed in WP 10211(W) of 2013 (Smt. Kamalakshi Ghosh -vs- State of West Bengal & Ors.) wherein byelaw 15 of the Howrah Zilla Parishad had been declared unenforceable, in the event the building is found to be unauthorized, the Howrah Zilla Parishad shall not 3 proceed for regularizing same even on payment of fees. However, it is made clear that I have not gone into the merits of the matter and all points are left open to be dealt with by the added respondent no.10.
Since the writ petition is disposed of at the stage of admission without calling upon the respondents including the private respondents to file affidavits controverting the allegations made therein, allegations made are deemed not to have been admitted by them.
Let written instruction on behalf of the Howrah Zilla Parishad filed be kept on record.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis.
(Soumitra Pal, J)