Kanta Mondal v. Bidhan Nagar Municipal Corporation And ORS

ML 85 06.05.2024 Ct. No. 15 adeb W.P.A. 10468 of 2020 Kanta Mondal Vs.

Bidhannagar Municipal Corporation & Ors.

Mr. Sanjay Mukherjee ...for the petitioner Mr. Jagannath Ganguli ...for the respondent no. 11 Mr. Sirsanya Bandopadhyay Mr. Tirthankar Dey Mr. Arka Kr. Nag ...for the BMC Affidavit-of-service filed on behalf of the petitioner is taken on record.

The writ petition is heard in presence of the learned advocates representing the petitioner, Bidhannagar Municipal Corporation and respondent no. 11.

The grievance of the petitioner as it has been submitted by the learned advocate is unauthorized construction made by the respondent no. 11 on plot no. RA-672, Shantinagar under Police Station-Bidhannagar (south) within the jurisdiction of Bidhannagar Municipal Corporation. Petitioner has prayed for taking necessary steps against alleged unauthorised construction made by the respondent no. 11.

Mr. Sirsanya Bandopadhyay, learned advocate representing Bidhannagar Municipal Corporation has placed before this Court order dated 7th June, 2023 passed by the concerned authority of Bidhannagar

Municipal Corporation in terms of the order dated 4th April, 2023 passed by the Hon'ble Division Bench on the writ petition being WPA (P) 2 (W) of 2020 and WPA 4364 of 2020. The said order dated 7th June, 2023 is taken on record.

On perusal of the said order dated 7th June, 2023 it appears that the authority of Bidhannagar Municipal Corporation has already taken decision that certain constructions made on plot No. RA-672/A are found to be unauthorised. Direction has already been given upon the occupiers/persons responsible to demolish such construction failing with appropriate steps to be taken by the concerned authority of Bidhannagar Municipal Corporation. However, the learned advocate representing the corporation submits that the issue is still pending before the Hon'ble Division Bench.

In view of the decision already taken by the concerned authority of Bidhannagar Municipal Corporation vide order dated 7th June, 2023 holding that the certain constructions made on plot No. RA-672, are unauthorised, no order need be passed on this writ petition. Accordingly, writ petition stands disposed of. Liberty is granted to the parties to this writ petition to approach the Hon'ble Division Bench in connection with the pending writ petitions being WPA (P) 2 (W) of 2020 and WPA 4364 of 2020.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)