Amit Kumar Rai v. Howrah Municipal Corporation And ORS

Item No. 36 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 30.09.2022 Ct-24 W.P.A 19528 of 2022 Sri Amit Kumar Rai -vs.- Howrah Municipal Corpration & Ors.

Mr. Ayan Mitra ...For the Petitioner.

Mr. Tanmoy Mukherjee Mr. Raihan Ahmed ... for the private respondent.

Mr. Sandipan Banerjee Mr. Sovan Majumder Mr. Santanu Chatterjee ...For the Municipality.

Mr. Malay Singh Ms. Neelam Singh ... for the State.

The petitioner complains of illegal and unauthorized construction at the instance of the private respondent.

The petitioner complains that the objection filed against such construction has not been taken up for consideration till date.

The learned advocate representing the private respondents denies the allegation of the petitioner. As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the

respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no. 2 or his delegate to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated August 12, 2022 to the aforesaid

respondent at the time of communicating the order of the Court.

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.

Sh (Amrita Sinha, J.)