Biplab Pandit v. State Of West Bengal And ORS.

23.12.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 25717 of 2022 Biplab Pandit -versus The State of West Bengal & Ors.

Mr. Sunny Nandy, Mr. Anand Jha, Mr. Tamal Singha Roy.

...For the Petitioner.

Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag, Mr. Tirthankar Dey.

...For BMC.

Mr. Santanu Kumar Mitra, Mr. Sudip Sarkar.

...For the State.

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

The petitioner alleges that the private respondents are making construction at Plot No. 516, J.L.-5, Khatian Nos. 2265, 2267 and 2272, MouzaKaikhali, Ward No.-6 under Bidhannagar Municipal Corporation despite the stop work notice issued by the Bidhannagar Municipal Corporation in June 2020. There is no document on record to show that the petitioner objected to raising construction by the private respondents ignoring the stop work notice issued by the Corporation.

In view of the above, it will be open for the petitioner to raise appropriate objection highlighting the illegal construction allegedly made at the instance of the private respondents.

In the event such representation is made along with supporting documents, the same shall be considered by the Corporation in accordance with law, after giving a reasonable opportunity of hearing to all the necessary parties. A reasoned order shall be passed and communicated to the parties immediately thereafter.

The writ petition stands disposed of.

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

( Amrita Sinha, J.)