Pran Krishna Saha v. State Of West Bengal And ORS.

28.11.2022 19.

Asr W.P.A 23026 of 2022 Pran Krishan Saha

Versus

The State of West Bengal & Ors.

Mr. Nilanjan Adhikari ....for the Petitioner Mr. Kapil Guha .....for the State Mr. Mir Anuruzz Aman .....for the Rajpur Sonarpur Municipal Mr. Gopal Chandra Das ......for the respondent no. 7 Mr. Tamal Banerjee Mr. Kamal Krishna Pathak Mr. Souvik Maji .....for the respondent no. 9 Mr. Swapan Kumar Debnath ......for the respondent no. 10 Mr. Debangshu Mondal .....for the respondent no. 12 The petitioner alleges that the private respondents were making construction without obtaining any sanctioning plan from Rajpur Sonarpur Municipality.

According to the petitioner, no plan has been sanctioned for making construction by Municipality over any adjacent plot of land of the petitioner. Learned Advocates representing the private respondents submits upon instruction that no unauthorised construction has been made at their instance.

Learned Advocate representing the Municipality submits upon instruction that on inspection no obstruction was found on the common passage which is 8 feet wide and 190 feet long.

The representation of the petitioner before the Municipality does not disclose the nature of unauthorised construction.

It has been submitted that the private respondents are intending to make construction thereon.

In the event any construction is made in deviation of the plan sanctioned or without a sanctioned plan, it will be open for the petitioner to take steps in accordance with law.

No further order is required to be passed in the present writ petition.

W.P.A 23026 of 2022 is disposed of.

Instruction given by the Executive Engineer by the Rajpur Sonarpur Municipality be retained with the records.

(Amrita Sinha,J.)