Mitali Sirkhell (Nee Jana) And ANR v. The State Of West Bengal And ORS.
15-05-2024 Item No.181 ML Subrata Bhattacharyya
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.20749 of 2022 Smt. Mitali Sirkhell (Nee Jana) & Anr.
-vsThe State of West Bengal & Ors.
Mr. Sourav Sen Mr. Sayantan Rakshit ...for the petitioner Mr. Pantu Deb Roy Mr. S. Guha Biswas ...for the State Mr. Ayan Banerjee Ms. Debasree Dhamali ...for the municipality Mr. Sayan Sinha ...for the private respondents The petitioner complains of illegal and unauthorised construction at the behest of the private respondents.
It appears that during pendency of the writ petition, a hearing was conducted by the Bally Municipality on March 23, 2023. The petitioner complains that the fate of such hearing has not been made known till date.
Learned advocate representing the private respondents submits that there is counter-allegation of unauthorized construction made by the private respondents against the petitioners. A hearing was fixed on March 28, 2023 where the writ petitioners herein did not appear.
The allegation of non-appearance of the writ
petitioners in the hearing conducted by the municipality is denied by the learned advocate for the petitioners. It has been submitted that a joint inspection was conducted on April 28, 2023. The report of the joint inspection is yet to be circulated to the parties. Hence the Bally Municipality is directed to circulate the joint inspection report to the parties and thereafter afford an opportunity of hearing to both the parties for production of documents in support of their respective stand. The municipality shall pass a reasoned decision and communicate the same to the parties. The entire process shall be completed by July 31, 2024. If any unauthorized construction is detected, necessary remedial measures shall be taken soon thereafter. The writ petition is disposed of.
Certified copy of this order, if applied for, shall be made available to the parties.
[Amrita Sinha, J]