Manoyara Khatoon Bibi v. Zilla Parishad , North 24 Parganas And Others

10.01.2023 Court No. 19 Item no.09 CP WPA No. 28653 of 2022 Manoyara Khatoon Bibi Vs.

Zila Parishad, North 24-Parganas & Ors.

Mr. Soujanya Bandyopadhyay ....for the petitioner.

Affidavit of service is taken on record.

Despite service, none appears on behalf of the respondents.

As the court is not inclined to pass any mandatory order as prayed for, but is relegating the matter before the authority empowered by law to decide the issue of unauthorized construction, the matter is taken up in the absence of the respondents. The petitioner alleges that the respondent nos. 6 and 7 have started raising an unauthorized construction on L.R. Plot No. 198 of Mouza - Piera, pertaining to Khatian No. 806, without any sanction from the panchayat authorities and in violation of the building rules.

A complaint was lodged with the Pradhan, Haroa Gram Panchayat alleging that a sunshade and some external structures were being constructed without following building rules.

Further

submission is that the construction has been made without any sanction.

Under such circumstances, without going into the merits of the claim of the petitioner, the writ petition is disposed of with a direction upon the Haroa Gram Panchayat to dispose of the petitioner's representation dated November 2, 2022, which is at page 26 being Annexure P-3 to the writ petition, in accordance with law. While doing so, the following procedure shall be adopted:

a) An inspection shall be conducted. Such inspection shall be held in the presence of the petitioner and the respondent nos. 6 and 7. An advance notice of the inspection shall be served upon the petitioner and the respondent nos. 6 and 7 and all other interested parties. If the parties are not available to accept notice, the same shall be affixed at a conspicuous place in the respective premises.

b) In case, it is found on preliminary inspection that there may be reasons to believe that the construction was without permission and was continuing, authorities may take such interim measures by stopping such construction.

c) The report of such inspection shall be prepared along with the sketch map, indicating extent and nature of unauthorized construction, if any.

d) Such report shall be handed over to the parties.

e) A hearing shall be given to the petitioner and the respondent nos. 6 and 7. The parties must also be allowed to furnish their written objection/version to the said report and adduce oral and documentary evidence in support of their contentions before the competent authority. The issue whether at the relevant point of time the panchayat laws were applicable or not, must also be looked into.

f) A reasoned order shall be passed and communicated to the parties. On the basis of what transpires at the hearing and during inspection, the proceedings shall be reached to its logical conclusion in terms of Section 23(5) of the West Bengal Panchayat Act.

The court has not gone into the merits of the claims.

The entire exercise shall be completed within a period of four months from date of communication of this order.

The disputes with regard to title, possession and boundary etc., shall not be decided by the panchayat authorities. The only question to be decided by the panchayat authorities would be whether the construction has been made without any permission and/or in violation of the building rules and the relevant laws.

A copy of the writ petition along with a server copy of this order be served upon the concerned gram panchayat for necessary compliance of this order.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)