Gour Saha@Gour Chandra Saha v. The Nabadwip Municipality And ORS

Ct No 05.04 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 3537 of 2023 Gour Saha @ Gour Chandra Saha Vs The Nabadwip Municipality & Ors.

Mr. Uday Narayan Betal Mr. Dhananjoy Banerjee ... For the petitioner.

Ms. Natasha Roy ... For the respondent No. 6.

Mr. Swapan Kumar Majumdar Mr. Saptarshi Majumdar ... for the Nabadwip Municipality.

The matter relates to Gour Gobinda Deb Thakur (Rani Rashmoni Kachari Bari) 1, Woodburn Road under Nabadwip Municipality.

The Municipality made a communication to the private respondent mentioning that a meeting was conducted with the occupiers of the said premises and the occupiers have assured that they will remove themselves from the particular place within two months.

The petitioner claims to be one of the occupiers of the subject premises. The petitioner relies upon an electricity bill issued in his name in the month of February 2023 by the West Bengal State Electricity Distribution Company Limited. The petitioner has also relied upon the Aadhar Card and Voter Card in support of the contention that he is an occupier of the said premises.

The petitioner contends that no opportunity of hearing was given to him by the Municipality.

The shebait of the property is trying to evict the petitioner without due process of law.

Learned advocate representing the shebait submits, upon instruction that, the petitioner is a rank trespasser and he is not at all an occupier of the subject premises. Learned advocate representing the Municipality submits, upon instruction that, notice was sought to be served upon the petitioner but on his refusal to accept the notice the same was affixed on the outer wall of the subject premises.

Photographs have been shown before this Court to show that the building is in a very dilapidated condition. Portions of the said premises may collapse causing loss of valuable life and property.

The shebait also contends that portions of the building are in an extremely dilapidated condition and the same is unsafe for occupation.

As the petitioner claims to be an occupier of the subject premises, accordingly, the Municipality is directed to afford an opportunity of hearing to the petitioner or any other person who is in occupation of the said premises prior to effecting the demolition.

A further spot inspection shall be conducted upon giving prior notice to all the necessary parties at the earliest but positively by 21st April, 2023 and thereafter a decision shall be taken within a fortnight of the spot inspection and positively by 16th May, 2023 as to whether

the dilapidated portion of the subject premises is required to be demolished or not.

The Municipality shall also afford reasonable opportunity of hearing to the shebaits of the subject premises.

It will be open for the parties to approach the proper forum for declaration of their civil rights.

The writ petition stands disposed of.

Affidavit-of-service filed today in Court be taken on 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.)