Wahida Khatoon v. State Of West Bengal And ORS.

Ct No 26.04 In the High Court at Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 6487 of 2023 Wahida Khatoon Vs The State of West Bengal & Ors.

Mr. Shahan Shah Mr. Sk. Abumusa Mr. Soumen Barman ... For the petitioner.

Mr. Raghunath Chakraborty Mr. M. Ahmed ... For the Maheshtala Municipality.

Mr. Pinali Dhole Mr. Avishek Prasad ... For the State.

Learned advocate representing the Maheshtala Municipality has produced a copy of the notice dated 25th April, 2023 for site inspection intimating all the parties, that is, the petitioner as well as the private respondent that a spot inspection will be conducted to verify the allegation of unauthorised construction on plot nos. 513 (P) & 514 under Mouza Gopalpur, Ward 12 (Holding No C5-7/243/1-2, BBT Road Bye Lane 3) on 4th May, 2023 at 12 noon.

The parties have been directed to remain present at the site.

As it appears that the Municipality has already taken steps in response to the complaint filed by the petitioner alleging unauthorised construction, accordingly, the Municipality is directed to conclude the proceeding initiated in accordance with law after giving

reasonable opportunity of hearing to all the necessary parties. The spot inspection report shall be circulated amongst all the parties.

If it ultimately transpires that unauthorised construction has been made, then steps shall be taken to deal with the same in accordance with law.

The entire exercise shall be concluded at the earliest but positively within a period of twelve weeks from the date of communication of this order.

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.)