Narendranath Halder v. State Of West Bengal And ORS.

Ct. No. 01 WPA(P) 32 of 2024 Narendranath Halder Vs.

AN RP 18.04.2024 State of West Bengal & Ors.

Mr. Pinaki Ranjan Chakraborty ... for the petitioner

1. In this writ petition, styled as a Public Interest Litigation, the petitioner seeks for a direction upon the respondent authorities not to grant any sanction for putting up of a multistoried complex in the area in question. In this regard, a representation was made to the Commissioner of Durgapur Municipal Corporation on 26.12.2023 which appears to be a mass petition and since no action has been taken, this writ petition has been filed. Since the matter is pending consideration before the Durgapur Municipal Corporation, at this juncture we are not inclined to go into the allegations made by the petitioner and suffice to direct the Commissioner of Durgapur Municipal Corporation viz. the 3rd respondent to consider the representation dated 26.12.

2023 and afford an opportunity to the representative of the petitioner as well as the proposed developer and pass appropriate orders on merits and in accordance with law. It is once again made clear that merits of the allegation made in the representation have not gone into and it is for the Commissioner of Durgapur Municipal Corporation to take a decision in accordance with law.

2. In order to facilitate the consideration of the

representation, the petitioner is directed to submit a copy of the representation alongwith the copy of this application by appearing in person before the Office of the Durgapur Municipal Corporation. The representation shall be disposed of in terms of the above directions within a period of four weeks from the date of receipt of the copy of the representation.

3. In the result, the writ petition stands disposed of.

(T. S. Sivagnanam) Chief Justice (Hiranmay Bhattacharyya, J.)