Dilip Kumar Pal v. State Of West Bengal And ORS.

24.03.2026 sb Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22150 of 2024 Dilip Kumar Pal

Versus

The State of West Bengal & Ors.

Mr. Chittapriya Ghosh Ms. Priyanka Saha ... For the petitioner.

Mr. Sandipan Banerjee For the municipality .

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

Mr. Kunal Ganguly .... For the private respondents.

1.

Affidavit of service filed in Court is taken on record.

2.

The present writ petition has been filed inter alia complaining inaction on the part of the municipal authorities to arrest the illegal construction undertaken by the private respondent nos. 9 and 10.

3.

Having heard the learned advocates appearing for the respective parties and noting from the materials on record that the construction that has come up and is adjacent to the petitioner's property, without leaving any open space from the petitioner's property, I am of the view that the municipality should immediately take appropriate steps and arrest any illegal construction that

WPA 22150 of 2024 is being carried out adjacent to the petitioner's premises situated at Mouza- Araipur, J.L No. 6, Khatian No. 2019, Dag No. 842, Police Station - Suri, District - Birbhum. 4.

The municipality should also dispose of the petitioner's representation by passing a reasoned order within three weeks from the date of communication of this order. Needless to note that if the municipal authorities are of the view that illegal construction has commenced, proceeding should be initiated under the provisions of Section 218 of the West Bengal Municipal Act, 1993 and such proceeding shall be brought to a logical conclusion as expeditiously as possible, preferably, within a period of eight weeks from the date of initiation of such proceeding.

5.

With the above observations and directions, the writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.

(Raja Basu Chowdhury, J.)