Chhabi Das v. State Of West Bengal

Ct. 13 Item Nos.03(SL) 09.09.2020 (suvendu) WPA 5494 OF 2020 With CAN 1 of 2020 (Old No. CAN 3194 OF 2020) Smt. Chhabi Das Vs.

State of West Bengal & Ors.

(Via Video Conference) Mr. A.K.Janah Ms. D. Bramha .........for the petitioner Mr. Raja Saha Mrs. Rupsa Chakraborty ..........for the State This is an application seeking immediate steps to be taken in respect of the alleged illegal construction work allegedly taking place in the Holding No. 260/5, Sarat Chatterjee Road, Police Station -Shibpur, Howrah and for the demolition of the purported unauthorized construction in the said holding.

It appears that notices were served upon the respondents. The private respondent is not represented.

Learned counsel appearing on behalf of the petitioner submits that construction is going on at the plot in question without there being any sanctioned plan for such construction. Since the time this writ application was filed, more work has taken place. The Howrah Municipal Corporation and the other authorities have taken no steps despite representations made by the petitioner.

Learned counsel appearing on behalf of the respondent no.2 submits that a notice was issued in March, 2020 in respect of the representation made by the petitioner but due to onset of COVID 19 pandemic, no further action could be taken.

Learned advocate for the State submits that appropriate direction may be passed upon the Howrah Municipal Corporation for taking action in respect of the petitioner's representation. He further submits that police authority has also made appropriate communications to the Howrah Municipal Corporation in respect of the petitioner's representation.

Let the respondent no.2 consider the representation made by the petitioner in respect of the alleged illegal construction in the plot in question within a period of one month from this date and pass an appropriate order after hearing all the concerned

parties. In the meantime, the respondents shall ensure that no illegal construction takes place at the plot in question without or beyond a valid sanctioned plan.

With these observations, the writ application and the connected application are disposed of. (Jay Sengupta, J.)