Kamal Das v. State Of West Bengal And ORS.

26-06-2023 ct no. 24 Sl. 23 Sayandeep WPA 6056 of 2023 Kamal Das -Versus- The State of West Bengal & Ors.

Mr. Pritam Chaudhury Mr. Abhisek Addhya ...for the petitioner Mr. Wasim Ahmed Mr. Sk. Md. Masood .......for the State Mr. Rudranil De Ms. Manaranjan Mahata ...for the respondent Nos. 3,4 & 5 Mr. G. Ray Ms. Mansi Ray .......for the respondent No. 7 The petitioner alleges illegal and unauthorized construction at the behest of the respondent no. 7 and his son. The son of the respondent no. 7 has not been impleaded as party in the instant writ petition.

Learned advocate representing respondent no. 7 submits, upon instruction that, the respondent no. 7 gifted the plot of land in favour of his son long back. As the son has not been impleaded as party, the writ petition will not be maintainable.

The specific allegation of the petitioner is that construction is being made without maintaining the mandatory side upon spaces and without obtaining any sanction from the Municipality.

Objection filed against such unauthorized construction and making illegal water connection is pending consideration.

Learned advocate representing respondent no. 7 submits that the petitioner is guilty of raising unauthorized construction.

Objection to that effect was filed before municipality. On receipt of the complaint, the municipality conducted spot inspection and afforded opportunity of hearing to both the parties. Final order, however, is yet to be passed.

Learned advocate representing municipality has produced a report signed by the Chairman on 1st June, 2023. It appears therefrom that inspection was conducted and Municipality has taken note of unauthorised constructions made by parties.

As Municipality has detected unauthorized construction, the Municipality is directed to take necessary consequential steps

to deal with such unauthorized constructions in accordance with law. The Municipality shall endeavour to conclude the proceeding at the earliest but positively within a period of twelve weeks from the date of communication of this order.

Instruction forwarded by the Ashoknagar Kalyangarh Municipality be retained with the records.

The writ petition stands disposed of.

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

(Amrita Sinha, J.)