Kalachand Sengupta v. State Of West Bengal And ORS.

06-05-2024 Item No.25 ML Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.23315 of 2023 Sri Kalachand Sengupta -vsThe State of West Bengal & Ors.

Md. Sarwar Jahan Mr. Sayantan Hazra ...for the petitioner Mr. Jyoti Prakash Chatterjee Mr. Muhammad Jawwad ...for the State Mr. P. Tarafdar ...for the private respondents Leave is granted to the advocate-on-record for the petitioner to implead the Dankuni Municipality and its Board of Councillors as party respondents in the instant writ petition.

A copy of the writ petition be served upon the added respondents.

The petitioner prays for consideration of his representation dated July 3, 2023 (Annexure G, p.118) alleging illegal and unauthorized construction at 73, Lal Baba Road (Rabindranagar), Vill- Mrigala, PO+PS Dankuni, Ward no.15, under the jurisdiction of the Dankuni Municipality the behest of the private respondents.

Learned advocate for the private respondents denies the allegations of the petitioner.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the

respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.9 being the Dankuni Municipality to consider and dispose of the petitioner's representation dated July 3, 2023 strictly in accordance with law by giving a reasoned decision, after giving an opportunity of hearing to all the necessary parties, including the petitioner, within a period of three months from the date of communication of a copy of this order. The reasoned decision once passed shall be communicated to all the necessary parties, including the petitioner forthwith.

A spot inspection shall be conducted to ascertain the nature and extent of the unauthorised construction. In the event the said respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid of the sanctioned plan, then necessary steps shall be taken dealing with such unauthorized construction, in accordance with law.

The said respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute between the parties regarding right, title and interest in respect of the concerned land. It is made clear that this court has not entered into the merits of the petitioner's claim, and that all points are left open to be decided by the said respondent at the time of consideration of the petitioner's representation.

The petitioner is directed to forward a copy of the representation dated July 3, 2023 to the said respondent at the time of communication of the order of the court.

The writ petition stands disposed of. No order as to costs.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]