Sarada Bardhan v. State Of West Bengal And ORS.

Item No. 21 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 10.01.2023 Ct-24 WPA 3935 of 2022 Sarada Bardhan v.

The State of West Bengal & Ors.

Mr. Dev Kumar Sharma ... for the petitioner.

Mr. Sandipan Banerjee Mr. Santanu Chatterjee ... for HMC.

Mr. Ayan Banerjee Ms. Debasree Dhamali Ms. Riya Ghosh ... for the Bally Municipality.

The petitioner alleges illegal and unauthorized construction at the instance of the private respondents. It is the specific allegation of the petitioner that a G+4 storied structure has been constructed by obtaining sanction for construction of G+3 storied building. The petitioner alleges that the objection filed in January 2022 is yet to be disposed of by the Bally Municipality. None appears on behalf of the private respondents. Learned advocate representing the Bally Municipality submits, upon instruction, that a notice to stop construction has been served upon the private respondents.

In view of the order that I propose to pass no prejudice shall be caused to the non-appearing

respondents, if the writ petition is disposed of in the following manner.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no. 8 to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid

respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated January 11, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

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.

Sh (Amrita Sinha, J.)