Document Fragment View
Fragment Information
Showing contexts for: unauthorized construction in Champa Routh vs The State Of West Bengal & Ors on 2 February, 2024Matching Fragments
By consent of the parties the appeals and the connected applications are taken up for hearing together.
A judgment and order dated January 8, 2024, whereby three writ petitions were disposed of by a learned Judge of this Court, is under challenge in these two appeals at the instance of the writ petitioner in two of the three writ petitions.
WPA 6514 of 2023 was filed by Sri Chunilal Bhattachariya (in short 'Chunilal') for implementation of an order of demolition passed by the Burdwan Municipality (in short 'the Municipality') in respect of unauthorized construction raised by Smt. Champa Routh (in short 'Champa'). WPA 14343 of 2022 was filed by Champa for an order directing the Municipality to consider her application for regularization of the unauthorized construction. WPA 26476 of 2022 was an application filed by Champa alleging unauthorized construction at the instance of Chunilal and for a direction on the Municipality to take appropriate action against such illegal construction. All the three writ petitions were disposed of by the learned Judge by the judgment and order impugned in these two appeals filed by Champa.
Champa and Chunilal are neighbours. We cannot say they are friendly neighbours. On a complaint lodged by Chunilal, proceedings were held by the Municipality and an order for demolition of unauthorized construction made by Champa was passed on April 29, 2022. It appears that Champa has constructed an unauthorized floor measuring about 1600 sq. ft.
The learned Judge first took up the writ petition filed by Champa praying for consideration of her representation seeking regularization of the unauthorized construction made by her. That writ petition being WPA 14343 of 2022 was dismissed by the learned Judge holding that there is no provision in law which permits regularization of an unauthorized construction.
"As the time period framed by the municipality directing Champa to demolish the unauthorized construction expired long back, accordingly, the municipality shall take steps for demolition of the unauthorized construction in accordance with law at the earliest but positively within a period of four weeks from the date of communication of this order. The costs of demolition shall be recovered from Champa as public demand.
The fact remains that Champa had filed an earlier writ petition being WPA 12639 of 2022, alleging unauthorized construction at the instance of Chunilal. It was also alleged by Champa that Chunilal had made the impugned construction without obtaining conversion of the classification of the land from 'danga' to 'bastu'. It was submitted on behalf of the Municipality that there was a sanctioned plan in favour of Chunilal and there was no unauthorized construction. A document was also produced before the learned Judge showing conversion of the relevant land of Chunilal from 'danga' to 'bastu' in the year 2012. The learned Judge dismissed the writ petition by an order dated November 15, 2022, holding that there was no substance in the allegations made by Champa.