Shivam Industrial Parks And Estate Limited v. Bidhannagar Municipal Corporation And ORS

13.12.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 7374 of 2022 Shivam Industiral Parks & Estate Ltd.

-versus Bidhannagar Municipal Corporation & Ors.

Mr. Aniruddha Chatterjee, Mr. Rahul Karmakar, Mr. Saptarshi Kumar Mal, Mr. Sounak Mukherjee.

...For the Petitioner.

Mr. Sirsanya Bandopadyay, Mr. Tirthankar Dey, Mr. Arka Kumar Nag.

...For BMC.

The grievance of the petitioner is that the completion certificate has not been issued in respect of the construction made by the petitioner in accordance with the plan sanctioned by the Bidhannagar Municipal Corporation.

An application was made by the petitioner for issuance of completion certificate in February 2019. The same is yet to be considered by the Corporation. The petitioner submits that in view of nonissuance of the completion certificate, the petitioner is facing several other problems in utilizing the construction made.

Learned advocate appearing for the Bidhannagar Municipal Corporation submits that the prayer of the petitioner for issuance of the completion certificate will be taken up for consideration.

It appear from the submissions made on behalf of the parties and on perusal of the documents annexed to the writ petition that the representation filed by the petitioner including the one at page 37 of the writ petition dated 24th February, is pending consideration at the end of the Commissioner of Bidhannagar Municipal Corporation.

Accordingly, the instant writ petition is disposed of by directing the Commissioner, Bidhannagar Municipal Corporation to take steps to consider and dispose of the representation filed by the petitioner on 24th February, 2021 in accordance with law, after giving an opportunity of hearing to all the necessary parties within a period of eight weeks 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 immediately thereafter.

Learned advocate appearing for the petitioner is directed to forward a copy of the representation dated 24th February, 2021 along with all other supporting documents to the Commissioner at the time of communicating the order of the Court.

The aforesaid respondent shall also consider the prayer of the petitioner for connecting the sewerage line of the newly constructed structure with the main sewerage system.

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.)