Biswajit Dey v. State Of West Bengal And ORS.

17.07.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 19142 of 2022 Biswajit Dey -versus The State of West Bengal Ors.

Mr. Noyel Banerjee, Ms. Somali Bhattacharya ...For the Petitioner.

Mr. Sanatan Panja.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the Municipality and the private respondents.

State is represented by the learned advocate. The petitioner prays for implementation of the order passed by the Board of Administrators, Uttarpara Kotrung Municipality on 28th December, 2021.

The Municipality held that the C.I.

shed measuring about 56.22 sqm. area and pucca building measuring about 34.76 sqm. in the 5th floor of the subject premises was constructed without obtaining any sanction from the Municipality.

Time period granted by the Municipality for implementing the order of demolition is long over. The petitioner prays for implementation of the said order of demolition.

As it appears that the order of demolition was passed way back and time to demolish the same has also expired, accordingly, the Municipality ought to take necessary steps for executing the order of demolition.

In view of the above, the instant writ petition is disposed of by directing the respondent no.2 to take steps for implementation of the order of demolition at the earliest, but positively within a period of twelve weeks from the date of communication of a copy of this order.

The writ petition stands disposed of.

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

( Amrita Sinha, J.)