Deva Nand Misra v. The State Of West Bengal And ORS.

31.03.2023 Item No. 15 Court No. 24 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 26850 of 2022 Deva Nand Misra Vs The State of West Bengal & Ors.

Mr. Utpal Bose, Mr. Anupam Dasadhikari, Mr. Suvam Sinha, ...For the Petitioner.

Mr. Susovan Sengupta, Mr. Manas Kumar Sadhu, ...For the State.

Mr. Krishnendu Paul Chowdhury, ... For the Respondent No. 9.

Mr. Syamantak Banerjee, Ms. Ballavi Banerjee, Mr. Devjit Chakraborty, ... For the Respondent No. 8.

Mr. Sirsanya Bandopadhyay, Mr. Tirthankar Dey, Mr. Arka Kumar Nag, ... for the BMC.

The sanction plan in respect of the premises no. CL 166, Sector-II, Salt Lake, Kolkata- 700091 has been approved by the Bidhannagar Municipal Corporation on April 2021.

The same could not, however, be handed over to the persons in whose favour the same was sanctioned as one of the parties expired.

The legal heirs of the party who expired have already been brought on record.

The petitioner intends to raise construction in accordance with the plan sanctioned by the Corporation.

The relationship in between the parties is acrimonious.

Learned advocate for the Bidhannagar Municipal Corporation submits, upon instruction that, two copies of the plan may be made available by the Bidhannagar Municipal Corporation for handing it over to the respective parties.

In view of the above submission let one of the copies be handed over to the petitioner Deva Nand Misra and the other copy to the heirs of the deceased Vijay Nand Misra, that is, respondent nos. 8 and 9 herein.

Learned advocate representing the petitioner submits, upon instruction that, his client will hand over a duplicate copy of the plan to the respondent no. 9, Vivekanand Misra.

The Corporation shall take steps to hand over the sanction plan to the respective parties at the earliest but positively within 13th April, 2023.

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.)