Md. Manjur Alias Md. Manjur Sultan Alias Sujit Kumar Dutta v. Siliguri Municipal Corporation And ORS

33.

23.09.2024 Court No. 2 AGM Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 1922 of 2024 Md. Manjur @ Md. Manjur Sultan @ Sujit Kumr Dutta Vs.

Siliguri Municipal Corporation & Ors.

Mr. Nabankur Paul.

Ms. Sutapa Sen Paul.

Mr. Abhishek Sarkar.

Mr. Bodhisatya Ghosh.

...for the petitioner.

Mr. Deborshi Dhar.

...for the Siliguri Municipal corporation.

Mr. Bikramaditya Ghosh.

Mr. Supriya Singh.

...for the respondent nos.5 to 8.

The petitioner complains of illegal and unauthorised construction. The complaint lodged before the Commissioner, Siliguri Municipal Corporation in July 2024 is pending consideration.

Learned advocate representing the private respondents denies the allegation of the petitioner. It has been submitted that the construction is being made in accordance with the plan sanctioned.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authority,

no useful purpose will be served by keeping the writ petition pending.

The writ petition is, accordingly, disposed of by directing the respondent no.3 being the Commissioner, Siliguri Municipal Corporation to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of eight weeks from the date of communication of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner 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 sanctioned 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 petitioner and all points are

left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner. The petitioner is directed to forward a copy of the representation dated 9th July, 2024 to the aforesaid respondent at the time of communicating the order of the Court.

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.)