Ranjit Mondal And ANR v. Rajpur Sonarpur Municipality And ORS

10.07.2024 S.D.

Ct. No. 26 M.A.T. 2014 of 2023 With CAN 1 of 2023 Ranjit Mondal & Anr.

Vs.

The Rajpur Sonarpur Municipality & Ors.

Mr. Goutam Malik ...For the appellants Mr. Mir Anuruzzaman (VC) ..For the Municipality Mr. Krishnendu Bera ...For the Respondent No. 4 Appeal is directed against an order dated September 25, 2023 passed in W.P.A. 18795 of 2023. By the impugned order, learned Single Judge directed the municipality to demolish the unauthorized construction found to be so by the municipality. Appellants before us are the owners of the property at which the illegal construction still remains.

Learned advocate appearing for the municipality submits that the finding of the municipality that there is illegal construction at the premises concerned was not appealed against under the provisions of Section 218 (3) of the West Bengal Municipal Act, 1993 and, therefore, attained finality.

The writ petitioner/private respondent is represented.

We find from the records that initially request for stopping of illegal construction was issued by the municipality. Thereafter, proceeding under Section 218 of the Act of 1993 was undertaken in which reasoned order was passed holding that there was an unauthorized construction at the locale. Appeal under Section 218 (3) of the Act of 1993 was not preferred. Order of the municipality directing demolition of the unauthorized construction therefore attained finality. Thereafter, the writ petitioner/private respondent approached the Writ Court by way of W.P.A. No. 18795 of 2023 for implementation of such order of the municipality. In such writ petition, the impugned order was passed. In such circumstances, we find no merit in the present appeal.

M.A.T. 2014 of 2023 along with the application being CAN 1 of 2023 are dismissed without any order as to costs.

(Debangsu Basak, J.) (Partha Sartha Sen, J.)