Sunil Kumar Acharya And ANR. v. State Of West Bengal And ORS.

Item No. ML. 77 10.05.2024 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 14894 of 2022 Sri Sunil Kumar Acharya & Anr.

-versus The State of West Bengal & Ors.

Mr. Partha Pratim Roy.

Mr. Vishal Mallick.

...For the Petitioners.

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

The petitioners complain of illegal and unauthorised construction at the behest of the private respondent. Krishnanagar Municipality conducted a spot inspection and observed that the construction was being made without leaving the mandatory side open spaces. A stop work notice was issued in 2021. The Municipality thereafter did not take any step in the matter. Representation was filed on behalf of the petitioners in March 2022 and the same is alleged to be kept pending.

None represents the respondents.

In view of the order that I propose to pass none of the non-appearing respondents would be prejudiced if the writ petition is disposed of in the following manner. 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. 3 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, at the earliest, but positively within a period of three months from the date 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.

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 aforesaid respondent will not decide the right, title and interest of the parties and will restrict the decision only with regard to unauthorized construction being made without a sanctioned plan. Learned advocate appearing for the petitioner is directed to forward a copy of the representation dated 29.03.2022 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.)