Calcutta High CourtWPA/17535/2021disposed

Chandan Ghosh And ORS v. Bidhannagar Municipal Corporation And ORS

2023-01-24Hon'Ble Justice Amrita Sinha3 pages

24-01-2023 Item No.152 ML Subrata Bhattacharyya

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.17535 of 2021 Chandan Ghosh & Ors.

-vsBidhannagar Municipal Corporation & Ors.

with CAN No.1 of 2022 None ...for the petitioners Mr. Sirsanya Bandopadhyay Mr Tirthankar Dey Mr. Arka Kumar Nag ...for the Corporation None appears on behalf of the petitioners at the time of call. The private respondents are not represented either. From the averments made in the writ petition and the documents annexed thereto, it appears that the petitioners complain inaction on the part of the Bidhannagar Municipal Corporation to take follow-up steps pursuant to the stop-work order issued on June 15, 2021. Learned advocate representing the Bidhannagar Municipal Corporation submits, upon instructions that, necessary steps shall be taken consequent to the stop-work order issued on June 15, 2021.

It appears from the documents annexed to the writ petition that after issuance of the stop-work order, legal representations were made on behalf of the petitioners on repeated occasions. None of the said representations has been considered by the Corporation till date.

In view of the above, the present writ petition stands disposed of by directing the Bidhannagar Municipal Corporation to take necessary steps for consideration of the legal representation dated July 8, 2021 made on behalf of the petitioners in accordance with law, after giving reasonable opportunity of hearing to all the necessary parties who are affected and pass a reasoned order within a period of twelve weeks from the date of communication of this order.

In the event it transpires that there is any illegal and unauthorised construction, necessary steps shall be taken by the Corporation to deal with the same, in accordance with law.

No order as to costs.

Consequently, CAN No.1 of 2022 stands disposed of. Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]