Nirmala Bhakat & ANR v. Midnapore Municipality & ORS

Item No.308 In The High Court At Calcutta Special Jurisdiction Appellate Side 23.03.2023 Ct-24 WPCRC 63 of 2022 Nirmala Bhakat & Anr.

v.

Dinonarayan Ghosh in WPA 24248 of 2019 Mr. Avijit Ghoshal ... for the petitioners.

Mr. Sujay Bandyopadhyay Mr. Shambhu Mahato Mr. Jagjyoti Das ... for the Municipality.

Mr. Tushar Sinha Mahapatra ... for the respondent nos. 7 & 8.

An affidavit-of-compliance has been filed in Court by the Chairman, Midnapur Municipality. It appears therefrom that apart from removal of a grill gate to clear the obstruction in the egress and ingress to the petitioners' premises, the direction passed by this Court for taking steps to initiate demolition proceeding under Section 218 of the West Bengal Municipal Act, 1993 is yet to be complied with.

The petitioners have specifically mentioned in the writ petition that the private respondents forcefully constructed concrete flooring over the private land of the petitioners.

The Municipality is directed to take steps to initiate proceeding in terms of the direction passed by the Court on January 14, 2020. The said proceeding to

be initiated shall be concluded positively by May 12, 2023.

A further compliance report be placed before this Court on May 18, 2023.

List on May 18, 2023.

Sh (Amrita Sinha, J.)