Shyamal Sarkar v. The Coochbehar Municipality And ORS

12.01.2021 SL No.19 Court No.24 (P.M.) WPA 7144 of 2020 With IA No. CAN 1 of 2020 Shyamal Sarkar Vs.

The Cooch Behar Municipality & Ors Mr. Kunaljit Bhattacharjee ... for the petitioner Mr. Santanu Chatterjee ... for the Cooch Behar Municipality Ms. Suman Senanabis ... for the private respondent.

The petitioner in the instant writ application has made a categorical submission that he constructed his building without obtaining any sanction plan from the Cooch Behar Municipality.

A report was called for from the Municipality wherefrom it appears that the building in question do not have any sanction plan.

In view of the admission of the petitioner and in view of the finding of the Cooch Behar Municipality that the building has been constructed without any sanction plan, the Court thinks fit to direct the Cooch Behar Municipality to take appropriate steps, in accordance with law, for dealing with the aforesaid illegal construction that was made by the petitioner.

Necessary steps shall be taken by the Municipality within a period of five months from the date of communication of a copy of this order.

With the aforesaid observation WPA 7144 of 2020 and the connected application CAN 1 of 2020 stand disposed of.

The report filed by the Chairperson, Board of Administrator, Cooch Behar Municipality is retained with the records.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)