Suvasis Panja And ANR. v. State Of West Bengal And ORS.

18.12.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 21771 of 2023 Suvasis Panja & Anr.

-versus The State of West Bengal & Ors.

Mr. Malay Bhattacharyya.

.... For the Petitioners.

Ms. Kakali Samajpati, Ms. Kakali Naskar.

...For the State.

Mr. Debabrata Sen, Mr. Arun Kumar Das.

...For the Respondent No.7.

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

The petitioners seek implementation of the order passed by the Haldia Municipality on 7th August, 2018. It appears that the Municipality considered the allegation of unauthorized construction raised by the petitioners and after hearing the parties concluded that the 7th floor of the building was unauthorized, to be demolished by the owner.

It has been submitted by the learned advocate appearing for the private respondent and the Municipality that the order has already been implemented and the 7th floor has been demolished.

The petitioners rely upon a report of the SubAssistant Engineer dated 9th July, 2018 and a portion of the order passed by the Municipality on 7th August, 2018 and submit that the 6th floor is also illegal and liable to be demolished.

According to the Municipality, it is only the 7th floor that was illegal and not the 6th floor. If the petitioner is aggrieved by the order passed by the Municipality, then the petitioners ought to approach the competent forum for relief. The Municipality appears to have complied with the order passed by the Municipality.

No further order can be passed in the instant writ petition.

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.)