Alok Kumar Bandyapadhyay v. State Of West Bengal And ORS.

WPA 18644 of 2023 Alok Kumar Bandyopadhyay Vs.

The State of West Bengal & Ors.

Mr. Baidurya Kumar Ghosal, Mr. Saikat Mukherjee, Ms. Anupama Biswas ...for the Petitioner Mr. Rajarshi Basu, Ms. Rupsha Chakraborty ...for the State 26-11-2024 AKG Ct. 15 The petitioner alleges unauthorized construction at Plot Nos. LR 8648, 8670, 8731, 8744, 3038, and 3039, under Mouza Sonamukhi, Ward No. 15, Sonamukhi Municipality, P.S. Sonamukhi, Bankura.

It appears that Respondents Nos. 6, 7, and 8 were issued a letter dated January 31, 2023, by the Municipality for demolition of the 6th floor of the building in question, as the same was constructed without any approved plan. Learned counsel for the petitioner submits that despite the issuance of such a notice, no steps have been taken by the private respondents to demolish the unauthorised construction.

Learned counsel for the Municipality is absent at the time of call, although an adjournment has been prayed for on his behalf.

In light of the circumstances, I find no justification to keep this writ petition pending. Accordingly, the writ petition

is disposed of with the following directions:

1. The Board of Councillors of Sonamukhi Municipality shall issue a notice of hearing to both the writ petitioner and the private respondents concerning the alleged unauthorized construction.

2. After hearing the parties and allowing them to produce the necessary documents, if the Board of Councillors of the Municipality determines that the private respondents have undertaken unauthorized construction on the premises, it shall issue a demolition order in respect of the said construction.

3. The entire process shall be completed within two months from the date of communication of this order.

WPA 18644 of 2023 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)