Sandhya Bhattacharya v. Bally Municipality And ORS

04.10.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 14386 of 2023 Smt. Sandhya Bhattacharya -versus Bally Municipality & Ors.

Mr. Abhishek Halder, Ms. Madhurima Basu.

...For the Petitioner.

Mr. Ayan Banerjee, Ms. Debasree Dhamali, Ms. Riya Ghosh.

...For Bally Municipality.

Mr. S.B. Adil Rahman, Mr. Siddhartha Ghosh.

...For the State.

Mr. M.P. Gupta, Mr. D.K. Saila, Mr. A. Panja.

...For the Private Respondents.

The petitioner seeks implementation of the order of demolition passed by the Bally Municipality. The said order of demolition is presently under scrutiny before the appellate forum.

Learned advocate appearing for the petitioner submits that the private respondents who are the appellants before the Learned Court below are intentionally and deliberately dragging the Suit.

It appears that the order of demolition was passed on 1st March, 2023 and the appeal against the said order was filed on 4th July, 2023, that is beyond the prescribed period of limitation.

The appellate forum is requested to proceed with the pending appeal and try to dispose of the same at the earliest, but positively by 30th March, 2024. The private respondents are restrained from raising any construction at the disputed site. The Inspector-in-Charge of the Belur Police Station is directed to keep strict vigil over the structures standing at 3/1 and 3/11, Bibhuti Bhushan Banerjee lane, P.O.-Belurmath, P.S.-Belur, Howrah711202 and ensure that no construction in any manner whatsoever is made thereat.

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.)