Chandana Chatterjee v. State Of West Bengal And ORS.

ML 298 01.05.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 4108 of 2024 Chandana Chatterjee -versus The State of West Bengal & Ors.

Mr. Anish Kumar Mukherjee.

...For the Petitioner.

Mr. N.C. Bihani, Mr. Soumya Mukherjee.

...For the Municipality.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the private respondents.

The petitioner prays for implementation of the order of demolition passed by the South Dum Dum Municipality on 15th September, 2023.

Learned advocate appearing for the Municipality submits that steps are being taken for implementing the same. Notice was issued upon the person responsible for making construction to demolish the unauthorized structure in terms of the order dated 15th September, 2023. Time period to execute the demolition order has expired.

The Municipality will accordingly, take steps to demolish the unauthorized construction and recover the cost of demolition from the person responsible for making construction. The demolition shall positively be concluded by 31st July, 2024.

The Officer in Charge, Nager Bazar police station is directed to vacate the occupants of the unauthorized construction and render all necessary help and assistance to the men and agents of the Municipality at the time of execution of the order of demolition. The notice of vacating and demolition shall be affixed at various conspicuous places of the subject structure to make the occupants aware of the demolition proceeding. The occupants are restrained from interfering with the process of the demolition. Copy of the instruction forwarded by the Executive Officer, South Dum Dum Municipality signed on 5th April, 2024 is taken on record.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)