Saikat Paul Chowdhury v. State Of West Bengal And ORS.

21.05.2024 d.p.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side W.P.A. 14311 of 2024 Saikat Paul Chowdhury -versus The State of West Bengal & Ors.

Mr. Moyukh Mukherjee, Mr. Pritam Roy, Ms. Triparna Roy.

...For the Petitioner.

Mr. Lalit Mohan Mahata, AGP Mr. Prasanta Behari Mahata.

...For the State.

The petitioner complains of illegal and unauthorized construction at the places mentioned herein below:

1) BJP Party Office located at Kadampukur near Gujrati College, operated by Mr. Amiya Mondal. 2) CPIM Party Office situated at Chakpachuria near Gitanjali Park, TCS Office, operated by Ganesh Sardar.

3) CPIM Party Office situated at Garagari Bottala, operated by Alauddin Molla.

4) CPIM party office near Bagjola Canal, operated by Bishwajit Roy.

Prayer has been made to direct the respondent authorities to demolish the unauthorized constructions.

Reference has been made to two orders passed by this Bench in WPA 10976 of 2024 (Saptarshi Deb - vs- The State of West Bengal & Ors.) wherein the Court passed order of demolition of the unauthorized constructions within the HIDCO and NKDA area. In the instant case, two of the constructions complained of falls within the HIDCO area, the third, on PWD's land and the fourth, on the land of the Irrigation Department.

The HIDCO, NKDA, PWD and the Irrigation Department are directed to take steps to identify the structures for demolition of the same.

The unauthorized constructions shall not be used by any person for any purpose whatsoever and the same should be kept under lock and key.

The police is directed to keep strict vigil to ensure that the constructions are not used by any political party.

Steps shall be taken in the matter at the earliest. In the event there is any issue with regard to identification of the subject structures, then the aforesaid respondents shall take the assistance of the petitioner for proper identification of the same. Learned advocate representing the petitioner is directed to forward to the aforesaid respondents copy of the representation made before the respondent authorities along with photographs for proper identification.

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.)