Dulal Goyali And ANR. v. State Of West Bengal And ORS.

WPA 22805 of 2024 Dulal Goyali & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Manoj Kumar Roy, Mr. Parimal Kr. Chakraborty ...for the Petitioners Mr. Lalit Mohan Mahata, Mr. Prasanta Behari Mahata ...for the State The petitioners challenge a demolition order passed 18-09-2024 AKG Ct. 15 by the Sub-Divisional Officer, Bongaon, North Parganas, whereby they have been asked to demolish their residential building at plot no. 511, Mouza-Bora, J. L. No. 42, Gaighata Development Block, North 24 Parganas. A plain reading of the said notice makes it clear that the petitioners were not heard by the Sub-Divisional Officer in passing the demolition order on July 22, 2024. Section 23 (5) of the West Bengal Panchayat Act, 1973, authorises the Sub-Divisional Officer to pass a demolition order only after hearing the owner of the building. In this case, the owners were not heard by the SubDivisional Officer, Bongaon.

Accordingly, the order dated July 22, 2024, issued by the Sub-Divisional Officer, Bongaon, North 24 Parganas is set aside. Consequentially, I also set aside the demolition notice dated July 31, 2024, issued by the Prodhan, Ichapur-II Gram Panchayat, Gaighata Development Block, North 24 Parganas.

initiate a fresh proceeding after giving an opportunity of hearing to the owners of the building.

WPA 22805 of 2024 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)