Subrata Saha v. Siliguri Municipal Corporation And ORS.
SL 21 01.02.2024 SBIII nm Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA/190/2024 SUBRATA SAHA VS SILIGURI MUNICIPAL CORPORATION AND ORS.
Mr. Nabankur Paul, ...For the Petitioner.
Mr. Bikaramaditya Ghosh, Ms. Supriya Singh.
..For the private respondents.
Mr. Deborshi Dhar, ...For Siliguri Municipal Corporation.
The petitioner complains of illegal and unauthorized construction.
Grievance of the petitioner is that despite objection submitted before the Siliguri Municipal Corporation, steps have not been taken to stop the said construction.
Learned advocate representing the Corporation submits, upon instruction that, inspection revealed unauthorized construction. The Corporation has issued a stop work notice upon the private respondents but the private respondents defying the stop work notice is continuing with the unauthorized construction. Learned advocate representing the private respondents denies the allegation of the petitioner. As it appears from the submissions made on behalf of the parties and particularly the Corporation that unauthorized construction has been detected, accordingly, the Corporation is directed to take necessary steps in accordance with law to deal with such unauthorized construction.
Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order. An opportunity of hearing shall be given to all the necessary parties and consequential steps shall be taken if the construction in question is ultimately found to be unauthorized. It will be open for the petitioner to approach the concerned Police Station in the event the construction work is still carried out by the private respondents despite stop work notice issued by the Corporation. Instruction given by the Commissioner, Siliguri Municipal Corporation be retained with the record. The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)