Gopal Shaw Alias Gopal Jaiswal v. State Of West Bengal And ORS.

29-04-2024 Item No.90 ML Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.25457 of 2023 Mr. Gopal Shaw -vsState of West Bengal & Ors.

Mr. Abhisek Banerjee ...for the petitioner Mr. Tapan Coomaar Dey Mr. Amit Halder ...for the State Mr. Sandipan Banerjee Mr. Ankit Sureka Mr. Sobhan Majumder ...for the Corporation The petitioner complains of illegal and unauthorised construction over a thika property at 33/11, Fakir Bagan Lane, Golabari police station, Ward No.15, within the jurisdiction of Howrah Municipal Corporation.

The allegation is that construction of a G+5 storied building has been made without obtaining any sanction. The Corporation is yet to take steps in response to complaint lodged against unauthorised construction.

None represents private respondents.

Affidavit of service is taken on record.

In view of the order that I propose to pass, none of the non-appearing respondents would be prejudiced if the writ petition is disposed of in the following manner. 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.8 being the Commissioner, Howrah Municipal Corporation or his delegate to consider and dispose of the petitioner's representation dated September 20, 2023 (Annexure P8, p.61) 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 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 time of consideration of petitioner's representation.

The petitioner is directed to forward a copy of the representation dated September 20, 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]