Sibnath Basu And Another v. The Bidhannagar Municipal Corporatin Abn Others

Item No. 10 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 16.10.2023 Ct-24 WPA 8191 of 2023 Sibnath Basu & Anr.

v.

The Bidhannagar Municipal Corporation & Ors.

Mr. Billwadal Bhattacharya Mr. Piyush Biswas Mr. Abhisek Baran Das Ms. Srijoni Chongdar ... for the petitioners.

Mr. Sirsanya Bandopadhyay Mr. Tirthankar Dey Mr. Arka Kumar Nag ... for BMC.

Report by way of affidavit has been filed by the Corporation annexing the inspection report wherefrom it appears that the two storied building at FD-368, SectorIII, Salt Lake City standing in the name of Bimal Krishna Biswas is being used to run a Café not in accordance with the provisions of law.

Unauthorized construction of toilet & kitchen block has been made. The mandatory side open spaces have been infringed. Wooden structures in the roof terrace have been made.

It is evident from the report that unauthorized construction and change of user without sanction from the Corporation has been perpetrated. The same is required to be stopped immediately. The unauthorized constructions are to be dealt with in accordance with the Act.

In view of the above, the Bidhannagar Municipal Corporation is directed to take prompt necessary steps in accordance with law to deal with the illegalities that have been detected at the time of inspection. Steps shall be taken in the matter 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.

Sh (Amrita Sinha, J.)