Shib Dayal Saha v. The Halisahar Municipality And ORS

ML. 06 06.05.2024 Court No. 24 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 14443 of 2022 Shib Dayal Saha -versus The Halisahar Municipality & Ors.

Mr. Atanu Chakraborty.

... for the Petitioner.

Mr. Amit Singh.

Mr. Ajay Kumar Shaw.

... for the respondent No. 4.

Leave granted to the learned advocate for the respondent no. 4 to file vakalatnama in the department in course of the day.

Affidavit-of-service filed today is kept with the records.

The petitioner complains of illegal and unauthorised construction at the behest of the private respondent.

Complaint lodged against such unauthorised construction is alleged to be kept pending. Learned advocate representing the private respondents denies the allegation of unauthorised construction. It has been submitted that construction has been made in accordance with the plan sanctioned. As it appears that the representation of the petitioner objecting to the illegal and unauthorized

construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no. 2 to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 19th January, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

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.)