Mohammad Wasim Akhtar v. State Of West Bengal And ORS.

09.11.2023 S.B.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 25862 of 2023 Mohammad Wasim Akhtar -versus The State of West Bengal & Ors.

Ms. Jeenia Rudra Mr. Bhaskar Roy ...For the Petitioner.

Mr. Jayanta Samanta Mr. Manoj Mondal.

...For the State.

Mr. S. A. Moqued Mr. Numan Shah ...For private respondent Affidavit-of-service filed in Court today is taken on record.

None appears on behalf of the Kolkata Municipal Corporation.

The petitioner alleges that the private respondent is raising an illegal and unauthorized construction. Complaint raised before the Kolkata Municipal Corporation is pending consideration.

Learned advocate representing the private respondent denies the allegation of the petitioner. It has been submitted that construction is being made in accordance with the plan sanctioned.

In the absence of the Municipality, it is not possible for the Court to decide the issue conclusively. 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.7 being the Executive Engineer, Building Department, Borough - IX Kolkata Municipality to consider and dispose of the representation made by the petitioner strictly in accordance with law, 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 said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or

decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 19th September, 2023 to the aforesaid respondent at the time of communicating the order of the Court.

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.)