Rabi Shaw v. State Of West Bengal And ORS.

12.09.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 863 of 2023 Rabi Shaw -versus The State of West Bengal & Ors.

Mr. Rahul Karmakar, Mr. Sounak Mukherjee.

...For the Petitioner.

Mr. Anand Farmania, Ms. Indumouli Banerjee.

...For the State.

Mr. Somnath Ghoshal, Mr. Satyajit Senapati, Mr. Subha Senapati, Ms. Dona Karmakar.

...For the Respondent No.10.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the Corporation.

The petitioner alleges illegal and unauthorized construction at premises no. B/502/H/4, Rabindra Sarani, P.S. Shyampukur, Kolkata-700005.

It has been submitted that the property is a thika property and construction is being made without obtaining any sanction from the Corporation.

Learned advocate appearing for the private respondent no.10 denies the allegation of the petitioner.

It has been submitted that the structure in question is in existence prior to 1980. No new construction is being made at present.

Learned advocate appearing for the State is not ready with proper instruction.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.6 being the Executive Engineer (Building), Borough-I to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 27th December, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)