Sudip Sarma Choudhury And ANR. v. The Principle Secretary And ORS.
WPA 18381 of 2024 Sudip Sarma Choudhury & Anr.
Vs.
The Principal Secretary, Department of Urban Development & Municipal Affiairs & Ors.
With WPA 24581 of 2024 Atis Sarma Choudhury Vs.
North Dum Dum Municipality & Ors.
Mr. Koushik Roy ...for the Petitioner Sk. Md. Galib, ...for the State Mr. Sandip Ghose, Mr. Sudarsan Roy, Mr. Debayan Ghosh Mr. Diptarka Majumder ...for North Dum Dum Municipality Mr. Dibashis Basu, Mr. Sudipta Dasgupta ...for Special Officers Mr. Srijib Chakraborty, Ms. Oindrila Ghosal, Mr. Wasim Akhtir Dafadar ...for Respondent Nos. 10, 11, 12 & 13 in WPA 18381/2024 and Respondent Nos. 4 to 7 in WPA 24581/2024.
Mr. Sumitava Chakraborty, Mr. Aditya Mondal, Ms. Rupsa Sreemani ...for Respondent No7 in WPA 18381/2024 and Petitioner in WPA 24581/2024.
03-10-2024 AKG Ct. 15 In Re: WPA 18381 of 2024 The circumstances that prompted the petitioner to file this writ petition are undeniably unfortunate. The petitioner's wife tragically died when a portion of the building in question collapsed on her on the fateful day of March 30, 2024. In response to this incident, the petitioner has challenged the Municipality, seeking a directive to demolish the unauthorized construction. He alleges that the developer failed to maintain the
mandatory side open space during the construction, which contributed to this tragic event. The petitioner asserts that his wife was standing on her own plot of land at the time of the incident.
By an order dated September 26, 2024, this Court appointed two learned advocates as special officers to inspect the premises and file a report.
The learned special officers have submitted their report today, indicating that the developer has maintained the required side open space in accordance with the West Bengal Municipal (Building) Rules, 2007. The report notes minor deviations at the northeast, southwest, and northwest sides, measuring approximately 0.150 meters, which, in my view, are too insignificant to warrant intervention.
The learned advocate for the petitioner, however, fervently prays for time to file exceptions to the report. I find no justification for this prayer, as the petitioner has not demonstrated any infirmities in the report. The petitioner was present during the inspection. According to the minutes submitted by the special officers, no objections regarding the side open space were raised by the petitioner at that time. Instead, an additional concern was noted regarding the frontage of
the building, which falls outside the scope of the writ petition and merits no further consideration. Accordingly, WPA 18381 of 2024 is dismissed.
This dismissal, however, does not preclude the petitioner from seeking compensation or any other legal relief for the death of his wife before a competent court, should he be entitled to do so.
In Re: WPA 24581 of 2024 By filing this writ petition, the petitioner seeks to regularise the unauthorised construction identified by the North Dum Dum Municipality in the building in question. This writ petition has become infructuous, as the Municipality rejected the request for regularisation by an order dated September 20, 2024, during the pendency of this writ petition.
Accordingly, WPA 24581 of 2024 is disposed of, granting the petitioner the liberty to challenge the order dated September 20, 2024.
Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
(Kausik Chanda, J.)