Nitai Chandra Das v. The Administrator Hadia Municipality And ORS
04.04.2023 Item No. 20 Court No. 24 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 1162 of 2023 Nitai Chandra Das Vs The Administrator, Haldia Municipality & Ors. Mr. Tarique Quasimuddin Ms. Sanchita Chaudhuri ... For the Petitioner.
Mr. S. M. Hassan Ms. Anupama Yasmin ... For the Haldia Municipality.
The petitioner's complaint before the Haldia Municipality alleging illegal and unauthorised construction is pending consideration.
None appears on behalf of the private respondents.
Affidavit-of-service filed by the petitioner in Court today be kept with the records.
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. 2, the Executive Officer, Haldia Municipality 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. 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 learned advocate for the petitioner is directed to forward a copy of the representation dated 30th December, 2022 to the aforesaid respondent at the time of communicating the order of the Court.
The writ petition stands disposed of.
Let a photocopy of the representation dated 23.03.2023 be retained with the records.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Amrita Sinha, J.)