Subrata Shyam Roy v. State Of West Bengal And ORS.

20-11-2023 Item No.19 Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.18631 of 2023 Subrata Shyam Roy -vsThe State of West Bengal & Ors.

Mr. Gautam Banerjee Mr. Ashis Bose Ms. Chumki Das Bairagya Ms. Priya Dey ...for the petitioner Mr. Suman Ghosh Mr. Sanatan Panja ...for the State Mr. Soumyajit Bhatta ...for the municipality The petitioner alleges illegal and unauthorised construction at the behest of the private respondent. It is alleged that an objection filed against such unauthorised construction has not been considered till date.

None represents the private respondent. Affidavit of service is taken on record.

Learned advocate representing the Panihati Municipality produces a report before this court signed by the Sub-Assistant Engineer, Panihati Municipality on October 17, 2023. The report mentions that the concerned municipal officials visited the spot in presence of one Sri Supriya Shyam Roy (brother of the petitioner) on October 17, 2023 and found that the private respondent, Sri Dibyendu Roy, is constructing a G+3storied building and that the newly constructed building is towards the southern side of the petitioner's house

leaving a space measuring about 8 feet, 7 feet 9 inch and 8 feet 3 inch (approx) from the side of the petitioner's land. The total length of the building is about 43 feet 7 inch and also one 3 feet cantilever is lying from the firstthird floors of that building in the northern side and the septic tank of the building is lying adjacent to the boundary wall of the petitioner.

However, there is no indication in the said report that any unauthorised construction/deviation is being made at the instance of the person responsible. Let a copy of the report be handed over to the learned advocate representing the petitioner.

As there appears nothing adverse in the said report, accordingly the relief sought for by the petitioner cannot be granted.

Thus, the writ petition fails and is hereby dismissed.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]