Bhavna Uppal v. The Asansol Durgapur Development Authority
Item- A-61.
10-06-2026 WPA 15518 of 2025 Ct. 19 Bhavna Uppal sg
Versus
State of West Bengal & Ors.
Mr. Dyutimoy Paul ...for the petitioner Ms. Sharanya Chatterjee ...for the respondent Affidavit of service filed in Court is taken on record. Leave is granted to the learned advocate on record to the petitioner to implead the Chief Executive Officer of Asansol Durgapur Development Authority as party respondent in this writ petition by 12th June, 2026. The grievance of the petitioner is that, a notice informing the petitioner that the structure is an unauthorized one and shall be dismantled without any further notice, has been pasted on the gate of the main entrance of the petitioner's property.
The learned Advocate for the petitioner submits that the petitioner submitted a representation dated 10th June, 2025 requesting the authorities to afford an opportunity of hearing to the petitioner prior to taking any steps for demolition of the structure in question.
The learned Counsel appearing for the Asansol Durgapur Development Authority (in short 'ADDA') submits that the representation was addressed to the then Chairman and Vice-Chairman by name. He submits that for such reason, no decision on such representation could be taken by the concerned authority.
It appears that the representation dated 10th June,
2025 was addressed to the Chairman and Vice-Chairman of ADDA but the same was forwarded at the official address of ADDA. This Court, therefore, feels that interest of justice would be sub-served if the added respondent is directed to consider the representation of the petitioner dated 10th June, 2025 and pass a reasoned order after affording an opportunity of hearing to the petitioner or his authorized representative. Accordingly, this writ petition stands disposed of by directing the added respondent to consider the representation of the petitioner dated 10th June, 2025 and to dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioner or his authorized representative and communicate the reasoned order to the petitioner immediately thereafter.
The entire exercise shall be completed as expeditiously as possible but positively within a period of four weeks from the receipt of a server copy of this order along with a copy of the representation dated 10th June, 2025. It will be open to the added respondent to call upon the petitioner to produce documents that may be necessary to decide the issues raised in the representation. If such requisition is made, the petitioner shall furnish such documents before the authorities at the time of hearing. It is also made clear that in the event the added respondent contemplates to rely upon any adverse material against the petitioner, the same should also be supplied to the petitioner prior to the date of next date of hearing. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Hiranmay Bhattacharyya, J.)