Calcutta High CourtWPA/2901/2020disposed

Sachindra Nath Coomer v. State Of West Bengal & ORS

2023-04-04Hon'Ble T. S. Sivagnanam, Acting Chief Justice,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Ct. No. 01 WPA 2901 of 2020 Sachindra Nath Coomar Vs.

State of West Bengal & Ors.

Mr. Shamim ul Bari Mr. K.M. Hossain Ms. Keya Sutradhar .... For Petitioner Mr. Apurba Kumar Ghosh Mr. Rudranil Ghosh ... For respondents no.8,9,10,11 and 12 Mr. Ayan Banerjee Ms. Debashree Dhamali ... For Bally Municipality Mr. Ashish Kumar Mukherjee Mr. S. Dasgupta Mr. S. Prasad ... for respondent no.13 Mr. Anirban Ray, Ld. GP Mr. T.M. Siddiqui Mr. Debasish Ghosh Mr. Nilotpal Chatterjee ... For State RP AN 04.04.2023

1. The petitioner seeks for appropriate action to be taken against the private respondents on the alleged ground that they have put up illegal construction. The private respondents have filed affidavit denying the allegations made by the petitioner in toto. Since the disputed questions of facts are involved in the matter, the authority concerned, namely, the Commissioner of Bally Municipality, is required to take appropriate action on the petitioner's representation.

2. In the light of the above, there will be a direction on the Commissioner of Bally Municipality to issue notice to the private respondents calling upon them to produce documents to show as to how construction has put

up by them in accordance with law and as to how they are in possession of the property in question. On issuance of such notice the private respondent shall appear before the Commissioner with necessary documents. Thereafter, an enquiry shall be conducted and the writ petitioner shall also be issued notice to present during enquiry and if any illegal construction is found the concerned Commissioner shall take appropriate action in accordance with law. The Commissioner shall also take into account the allegations made by the petitioner with regard to filling up water body illegally. This direction shall be complied with within a period of eight weeks from receipt of the server copy o f this order.

3. With the aforesaid direction, this writ petition stands disposed of, however, without no order of cost. (T. S. Sivagnanam) Acting Chief Justice (Hiranmay Bhattacharyya, J.)