Sukla Sen v. The State Of West Bengal And ORS.

04.04.2025 Sl. No.13 Ct.3/ tkm W.P.A. 3767 of 2025 [Sukla Sen vs. State of West Bengal & Ors.] Mr. Jyoti Prakash Chatterjee Ms. S Sen ... ... for the petitioner Mr. Tapas Kr. Ghosh Mr. Tanmoy Chowdhury ... ... for respondent nos. 7 to 9.

Mr. Amitabrata Roy Ms. Subhra Nag ... ... for the State Mr. Sashwat Nayak Mr. Debasish Chakraborty Mr. Snehasish Chakraborty ... ... for respondent no. 13

1. At the outset learned counsel for the petitioner submits that his prayer is confined to unauthorized construction and the prayer regarding encroachment on government land is not being pressed in the present writ petition.

2. Petitioner has preferred the present writ petition alleging unauthorized illegal construction being raised holding no. 231/181, Mahalla Kajidanga, Ward no.

under Hooghly Chinsurah Municipality

3. It is submitted that private respondents are carrying out illegal unauthorized construction on the above-mentioned property.

4. Learned counsel for the Hooghly Chinsurah municipality submits that an inspection was

carried out and during inspection it was found that the respondents have covered the veranda measuring 3.85 meter x 0.70 meter on the ground floor. There are deviations on the first floor also on the third floor, one room has been constructed and the height of the room is also beyond the sanctioned plan.

5. It is further submitted that the back side vacant space is also covered by a tin-shed which is found to be illegal and unlawful. After the inspection, a stop work notice was given on 17.4.2023.

6. Mr. Ghosh fairly concedes that despite a delay of considerable period of time, no action has been taken neither any proceeding was initiated after the stop work notice. He fairly concedes that the municipality will proceed in accordance with law and shall complete the process of demolition after complying with all the necessary legal formalities with a period of eight weeks.

7. In view of the said statement, learned counsel for the petitioner submits that his grievances stand satisfied.

8. This court bounds Mr. Ghosh on the above stated submission and he shall positively comply with all the necessary directions within the stipulated time as undertaken to this court.

9. With the above direction, the present writ petition is disposed of.

(Gaurang Kanth, J.)