Sri Koustab Roy vs The State Of West Bengal & Ors on 11 April, 2022
If such demolition as per the report is not
implemented by the petitioner, the authority shall proceed in
accordance with law as per Section 23(5) of the Panchayat
Act. A reasoned order shall be passed and communicated to
the parties. Although, in Jogen Chowdhruy (supra), the
Hon'ble Division Bench directed the District Magistrate to
demolish the structure involved in the matter, yet any
demolition has to be carried out in terms of Section 23(5) of
the Panchayat Act, as the panchayat is the permission
granting authority. The entire exercise shall be completed
within two months from date.