Shyamal Chandra Naskar v. Maheshtala Municipality And ORS.

28.11.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 24106 of 2022 Shyamal Chandra Naskar -versus Maheshtala Municipality & Ors.

Mr. Dwaipayan Banerjee, Mr. Abir Das.

...For the Petitioner.

Mr. Jayanta Narayan Mahanty, Mr. Manoj Kumar Mondal.

...For the Municipality.

Affidavit-of-service filed in Court today is taken on record.

The petitioner alleges illegal and unauthorized construction at the instance of the private respondent. After serving a copy of the writ petition upon the Maheshtala Municipality, a notice has been served upon the parties intimating that a spot inspection will be conducted tomorrow that is on 29th November, 2022. As it appears that the Municipality has already taken steps in response to the complaint lodged by the petitioner and has fixed the date of inspection, accordingly, the Municipality is directed to conduct the inspection and serve a copy of the inspection report upon both the parties.

In the event it transpires that there is any unauthorized construction, then necessary steps shall be taken to deal with the same in accordance with law after giving reasonable opportunity of hearing to both the parties.

A final order shall be passed in the matter and communicated to the parties immediately thereafter. The writ petition stands disposed of.

Notice dated 21st November, 2022 issued by the Maheshtala Municipality for conducting spot inspection on 29th November, 2022 is taken on record.

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

( Amrita Sinha, J.)