Krishna De v. The State Of West Bengal And ORS.

WPA 13643 of 2024 Krishna De Vs.

The State of West Bengal & Ors.

Mr. Soumyajit Bhatta ...for the Petitioner Mr. Suman Dey, Mr. Arijit Mukherjee ...for the State Mr. Dilip Kr. Saha ...for Respondent Nos. 5 & 6 Mr. Sudarsan Roy, Mr. Diptanka Majumder ...for Municipality 23-09-2024 AKG Ct. 15 The petitioner expresses grievance regarding the Municipality's failure to issue a demolition order related to the alleged unauthorized construction undertaken by Respondent Nos. 5 and 6.

On behalf of the Municipality, it is submitted that the Board of Councillors convened a meeting regarding the unauthorised construction, with due notice to all concerned.

However, no further action was taken as Respondent Nos. 5 and 6 approached the Civil Court.

In my view, the dispute before the Civil Court pertains to the title of the parties concerning the relevant property. The Municipality should proceed with the demolition process, notwithstanding the

pendency of such dispute before the Civil Court, if it is found that the construction in question is unauthorised.

In light of this, this writ petition is disposed of with a directive to the Municipality to complete the initiated demolition proceedings within three months from the date of communication of this order, after hearing all concerned parties.

Accordingly, WPA 13643 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.)