Ujjwal Kumar Bardhan v. The Superintending Engineer

02. 08.12.2022 Ct. No.24 Tanmoy

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR SPECIAL JURISDICTION (From Principal Bench) CPAN/3/2022 Ujjwal Kumar Bardhan -VersusThe Superintending Engineer, Port Blair Municipal Council, Port Blair & Ors.

Arising out of WPA 266 of 2021 Mr. K. Sabir, Adv.

...for the petitioner.

Ms. Anjili Nag, Adv.

...for the alleged contemnors.

The Court passed order on November 22, 2021 directing the Port Blair Municipal Council to conclude the demolition proceeding within a period of eight weeks. On February 24, 2022 the Secretary, Municipal Council, passed an order for demolition of the portions constructed in deviation of the plan sanctioned. The petitioner is aggrieved on account of the delay in complying the direction of the Court.

It has been submitted that two dates are mentioned in the order passed by the Secretary, Municipal Council. One is February 24, 2022 and the other is March 7, 2022. It has also been submitted that the person responsible for

making construction has preferred an appeal before the appellate forum challenging the order of demolition. The petitioner contends that had the respondent authority not delayed in passing the order of demolition, then the petitioner would not have been compelled to file the application for contempt.

From the affidavit of compliance filed by the alleged contemnor it appears that Sameer Biswas filed appeal before the appellate authority being the Deputy Commissioner, South Andaman district along with an application for stay. The appeal is still pending. The Court does not approve the conduct of the contemnor in delaying compliance of the order passed by the Court, but for ends of justice, the present contempt application is disposed of by granting liberty to the petitioner to participate and contest the appeal proceeding which is pending before the Deputy Commissioner, South Andaman district, challenging the order No. 1147 passed by the Secretary, Municipal Council.

No further order is required to be passed in the contempt application. The same stands disposed of. Let urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with all necessary formalities.

Registry is directed to transmit the case records to the Registrar, High Court at Calcutta Circuit Bench at Port Blair forthwith.

(Amrita Sinha, J.)