Md. Talha Sarkar v. State Of West Bengal And ORS.

17.11.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 25915 of 2023 Md. Talha Sarkar -versus The State of West Bengal & Ors.

Mr. Syed Nurul Arefin, Mr. Syed Moyeenul Arefin.

...For the Petitioner.

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

None appears on behalf of the Municipality.

The plan proposal submitted by the petitioner online on 2nd June, 2023 for sanction of building plan is yet to be disposed of.

It appears that the site photographs for the building plan were duly uploaded in the Online Building Plan Approval System portal maintained by the Department of Urban Development & Municipal Affairs. The scrutiny report of the building plan mentions that the scrutiny status is completed. The Memari Municipality ought to have taken a decision with regard to the plan proposal submitted by the petitioner seeking sanction within a period of 60 days. The said time period has elapsed long back. In view of the above, the instant writ petition is disposed of by directing the Memari Municipality to

pass a final order apropos the plan proposal submitted by the petitioner seeking sanction for raising construction positively within a fortnight from the date of communication of this order.

In the event there is any deficiency in the plan proposal, the same shall immediately be communicated to the petitioner for removal of the defects. 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.)