Kripan Kumar Mukherjee v. The State Of West Bengal And ORS.

09.07.2024 Item No. 24 Ct. No. 15 AKG WPA 9039 of 2024 Kripan Kumar Mukherjee Vs.

State of West Bengal & Ors.

Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal ...for the Petitioner Mr. Arup Krishna Das ...for Respondent Nos. 7 & 8 Ms. Parna Roy Chowdhury ...for the State The petitioner alleges that respondent nos. 7 & 8 are raising a boundary wall without any permission from Asansol Municipal Corporation at LR Plot No. 83 in Ward No. 104 of the Corporation.

Learned advocate appearing for respondent nos. 7 & 8 has drawn attention of this Court to the definition of 'building' as contained in Section 2 (7) of the West Bengal Municipal Corporation Act, 2006. He submits that respondent nos. 7 & 8 intend to construct a boundary wall less than three meters in height which does not meet the definition of a 'building'.

In view of the aforesaid stand taken by respondent nos. 7 & 8, I am not inclined to entertain this writ petition. Therefore, I dispose of this writ petition permitting respondent nos. 7 & 8 to construct a boundary less than three meters in height.

It is made clear that apart from the said boundary wall, respondent nos. 7 & 8 shall not undertake any construction at the relevant premises without prior permission from the Corporation. Accordingly, WPA 9039 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)