Rakesh Kumar Shaw v. State Of West Bengal And ORS.

10.01.2024 s.h.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A.26266 of 2023 Rakesh Kumar Shaw -versus The State of West Bengal & Ors.

Mr. Abhimanyu Banerjee Mr. Binay Shaw ... for the petitioner.

Mr. Achintya Kumar Banerjee Mr. Dwijadas Chakraborty ... for KMC.

Mr. Kakali Samajpati ... for the State.

The petitioner complains of illegal and unauthorized construction at 3, Tiljala Lane, Ward No. 65, Borough-VII of the Kolkata Municipal Corporation. It has been submitted that unauthorized construction without sanction was made in the midnight.

Complaint against such unauthorized construction has not been disposed till date. None represents the private respondents.

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. 6 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 petitioners 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 learned advocate for the petitioner is directed to forward the copy of the representations dated November 9, 2023 to the aforesaid respondent at the time of communicating the order of the Court. The writ petition stands disposed of.

Urgent certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)