Tapoti Mal And ORS v. State Of West Bengal And ORS.

Item No.291(ML) In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 17.05.2024 Ct-24 WPA 28015 of 2022 Smt. Tapoti Mal & Ors.

v.

The State of West Bengal & Ors.

Mr. Amitabha Ghosh ... for the petitioners.

Mr. Malay Singh Ms. Neelam Singh ... for the State.

The petitioners pray for consideration of the representation dated 1st December, 2022 alleging illegal and unauthorized construction at the behest of the private respondents.

None appears on behalf of the private respondents.

In view of the order that I propose to pass, none of the non-appearing parties will be prejudiced if the writ petition is disposed of in the following manner. The petitioners complain that the objection raised against such illegal construction has not been considered by the respondent authorities till date. As it appears that the representation of the petitioners 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.2, Uttarpara Koatrung Municipality to consider and dispose of the representation made by the petitioners 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 petitioners 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 petitioners and all points are left open to be decided by the aforesaid

respondent at the time of consideration of the representation of the petitioners.

Learned advocate appearing for the petitioners is directed to forward a copy of the representation dated 1st December, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Leave granted to file affidavit-of-service in the course of the day.

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

Sh (Amrita Sinha, J.)