Suradhani Mondal v. Old Malda Municipality And ORS

Court No. 24 W.P.A 11520 of 2020 08.03.2021 (Item No. 21) Suradhani Mondal vs Old Malda Municipality & Ors.

(AB) Mr. Prasanta Bishal ...... for the petitioner None appears on behalf of the respondents despite service.

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

The petitioner prays for implementation of the direction passed by the Old Malda Municipality on 31st July, 2019. By the said communication the Municipality directed the private respondents herein to demolish the unauthorized construction made in the premises in question. The petitioner alleges that the demolition has not been carried out till date. As it appears that the Municipality has already inspected the premises in question and have come to a considered opinion that there are unauthorized construction in the said premises and have directed the private respondents to demolish the said construction which has not been carried out till date, accordingly it will be appropriate to direct the Municipality to take necessary steps for implementation of the direction passed in their communication dated 31st July, 2019.

In view of the above, the instant writ petition is disposed of by directing the Old Malda Municipality take necessary steps for implementation of the direction communicated by letter dated 31st July, 2019 at the earliest, but positively within a period of six months from the date of communication of a copy of this order.

The order shall be implemented strictly in accordance with the provisions of law.

The petitioners are directed to forward a copy of the communication dated 31.07.2019 passed by the Old Malda Municipality to the aforesaid respondent at the time of communicating the order of the Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Amrita Sinha, J.)