Subhash Mondal v. The Rajpur Sonarpur Municipality

10.03.2021.

d.p.

W.P.A 1015 of 2021 (Via Video Conference) Subhash Mondal -versus The Rajpur-Sonarpur Municipality & Ors.

Mr. Krishnendu Bera.

...For the Petitioner.

Mr. Mir Anuruzzaman.

...For the Municipality.

Mr. Duke Banerjee.

...For the Private Respondents.

The petitioner alleges illegal and unauthorized construction being carried on at J.L. No. 23, R.S. Dag No. 967, L.R. Dag No. 1100, Ward No. 11 under the Rajpur-Sonarpur Municipality without a sanction plan. It appears from records that pursuant to a complaint lodged, the Rajpur-Sonarpur Municipality issued a notice for hearing under Section 220 of the West Bengal Municipal Act, 1993 in favour of the respondent No.4 herein. Stop work notice was also issued.

The learned advocate appearing for the Municipality submits that the direction for stopping work of the unauthorized construction was not paid heed to by the private respondents. In spite of the stop work notice, the private respondents are carrying on with the unauthorized construction.

The learned advocate appearing for the private respondents however, denies the submissions of the Municipality.

As it appears from records that steps have already been initiated by the Municipality to deal with such unauthorized construction, accordingly, the instant writ petition is disposed of by directing the Rajpur-Sonarpur Municipality to take necessary steps to deal with the unauthorized construction, strictly in accordance with law, at the earliest, but positively within a period of six months from the date of communication of a copy of this order.

As the Municipality has already arrived at a considered opinion that the construction being made is unauthorized, accordingly, the private respondents are restrained from making any further construction in the said premises, till a decision is taken by the Municipality in this regard.

W.P.A. 1015 of 2021 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)