Ajit Narayan Singh v. State Of West Bengal And ORS.

23.09.2024 Item No.26 Ct. No.15 S.A.

WPA 12392 of 2024 Ajit Narayan Singh -vsState of West Bengal & Ors.

Mr. Rishav Singh Mr. Sagar Mishra Mr. Soumalya Dutta ...for the petitioner Mr. Ayan Banerjee Ms. Debasree Dhamali Ms. Riya Ghosh ...for Bally Municipality Mr. Md. Ahsanuzzaman Ms. Tuhina Parvin ...for the State Mr. Krishna Das Poddar ...for respondents The petitioner alleges unauthorised construction by respondent no.6 at premises no.25/3, Mahendra Bagchi Road, Bally, Howrah.

The Municipality also submits that unauthorised construction by respondent no.6 beyond the sanctioned plan has been detected and after hearing the parties, a demolition order was passed on July 11, 2024.

The petitioner submits that the said demolition order has not yet been implemented.

I am of the view that the Municipality should revisit the matter in the light of the notification No. 889/UDMA-15011(24)/6/2023-LS-MA SEC dated December 4, 2023, to decide if there is any scope of regularising the unauthorized construction.

Let such exercise be carried out within a period of six weeks from the date of communication of this order and till such decision is made, the demolition order dated July 11, 2024, shall not be given effect to. Accordingly, WPA 12392 of 2024 is disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

.

(Kausik Chanda, J.)