Mofidul Islam Mir v. State Of West Bengal And ORS.

29.11.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 4788 of 2022 Mofidul Islam Mir -versus The State of West Bengal & Ors.

Mr. Maidul Islam Kayal, Mr. Sumit Naskar.

...For the Petitioner.

Mr. Pantu Deb Roy, Mr. Pannalal Bandopadhyay.

...For the State.

Mr. Raghunath Chakraborty, Mr. M. Ahmed.

...For the Respondent Nos. 2 to 5.

The petitioner alleges illegal and unauthorized construction at the instance of the respondent No. 9. Specific submission is that the construction is being made without obtaining any sanction plan. Objection filed by the petitioner against such unauthorized construction has not been disposed of. On receipt of a complaint from the petitioner, the Maheshtala Municipality issued a stop work notice in February 2022. The matter has not proceeded thereafter.

The petitioner submits that after serving of a copy of the writ petition upon the private respondent, the construction work has proceeded at a very fast pace. The affidavit-of-service filed in Court today does not bear proof of service of the writ petition upon the private respondent.

In view of the order that I propose to pass, none of the parties will be prejudiced 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.2 being the Mahestala Municipality 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 19th February, 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.

( Amrita Sinha, J.)