Suvojit Gupta And ANR v. The Bidhannagar Municipal Corporation And ORS

20.09.2023 A.G.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 16874 of 2023 Sri Suvojit Gupta & Anr.

-versus The Bidhannagar Municipal Corporation & Ors.

Mr. Supriyo Chattopadhyay ...For the Petitioners.

Mr. Tirthankar Dey ... for the B.M.C.

Mr. Bikram Banerjee Ms. Shalini Ghosh ... For the respondent no. 6 & 7.

The petitioners are aggrieved by the order of demolition passed by the Commissioner, Bidhannagar Municipal Corporation on 4th May, 2023.

It appears from the impugned order that the petitioners were raising construction relying upon plan issued in favour of one Juhi Marketing Pvt. Ltd. in the year 2011.

The Court fails to understand as to how the petitioners could raise construction relying upon a plan which stood expired by lapse of time and that too issued in respect of a separate Company. The petitioners could have raised construction on the basis of a validly sanctioned plan in their favour. The Court is not convinced with the submissions made on behalf of the petitioners that they obtained

permission from the earlier constructing agency to complete the remaining construction work.

In view of the above, the Court refrains from exercising jurisdiction in the matter.

The writ petition fails and is hereby dismissed. It will be open to the Corporation to take necessary steps for implementation of the order of demolition in accordance with law.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)