Parimal Kumar Raha And ANR v. Panihati Municipality And ORS

19.12.2023 A.G.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 22692 of 2023 Parimal Kumar Raha & Anr.

-versus Panihati Municipality & Ors.

Mr. Subhrangshu Panda.

Ms. Mahuya Dutta Biswas.

...For the Petitioners.

Mr. Sanjoy Mukherjee.

Mr. Arghadip Das.

... For the private respondent nos. 4 and 5.

Mr. Soumyajit Bhatta.

... For the Municipality.

The petitioners complain of illegal and unauthorised construction at the behest of the private respondents.

Allegation is that complaint lodged against such unauthorised construction has not been disposed of till date.

Learned advocate representing the private respondents denies the allegation of the petitioners. It has been submitted that the construction has been made in accordance with the plan sanctioned.

Learned advocate representing the Municipality submits, upon instruction that, initially plan was sanctioned for construction G+2 storied building in the year 2013. Thereafter a revised plan was submitted for sanction of G+3 storied building which the Municipality sanctioned.

The property was inspected and it has been found that the same has been constructed in accordance with the sanctioned plan. The occupancy and the completion certificates have also been issued in November 2021.

It appears from the submissions made on behalf of the parties and upon perusal of materials on record that the allegation of the petitioners alleging unauthorised construction remains unsubstantiated. No relief can be granted to the petitioner in the instant writ petition.

The writ petition fails and is hereby dismissed. Instruction forwarded by the Municipality be retained with the records.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)