Dr Chira Ranjan Biswas And ORS v. State Of West Bengal And ORS.

RP 19.04.2023 Ct.No. 1 FMA 1331 OF 2022 With IA No.CAN 1 of 2022 No. CAN 5519 of 2019) Dr. Chira Ranjan Biswas & Ors.

vs.

State of West Bengal & Ors.

Mr. Subrata Maity Ms. Mousumi Arji ... for Appellants

1. This intra-Court appeal is directed against the order dated 23rd August, 2022 passed by the learned Single Bench in WPA No.588 of 2022. In the said writ petition the writ petitioners questioned the sanction of the building plan on 19th May, 2020 only on the ground that the Disaster Management Act, 2005 was in force and it was not open for the Municipality to sanction any plan at that point of time. The learned Single Bench took note of the fact that pursuant to the order dated 18th April, 2020 passed by the Joint Secretary, Urban Development & Municipal Affairs Department, Government of West Bengal all the departments and other establishments under the State Government shall start functioning with effect from 20th April, 2020 and all Urban Local Bodies, Development Authorities and other organizations were to start functioning with a skeletal staff with effect from 20th April, 2020. Thus, on the facts the learned Single Bench found that the building plan was sanctioned when the order passed by the Joint Secretary, Urban Development &

Municipal Affairs Department, Government of West Bengal was in force. Therefore, we find no grounds to interfere with the order passed by the learned Single Bench. In the result, the appeal and the connected application stand dismissed.

(T. S. Sivagnanam) Acting Chief Justice (Hiranmay Bhattacharyya, J.)