Rita Tirkey And ORS. v. The Secretary, Pbmc And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR] ** WPA/167/2021 Rita Tirkey and others

...Petitioner

Vs.

The Secretary, PBMC and others ... Respondents Mr. K.Sabir, Advocate ... for the petitioner Mr. Arul Prasanth, Advocate ... for the respondents September 14, 2021 [AKB] Item No.6 In this writ application the writ petitioners are seeking direction upon respondent authority especially respondent no.2 to complete within two months the entire proceeding after hearing all the parties concerned. Background leading to this writ application is that private respondent an adjacent plot owner of the landed property bearing survey no. 11/96 and an employee of the Port Blair Municipal Council and since the respondent no.

2 is found to have raised construction of the building in deviation of the building plan sanctioned by the Port Blair Municipal Council in violation of the Section 168 (B) Andaman and Nicobar Islands Municipal Regulation, 1994 read with Clause 32.6 of Port Blair Municipal building By-laws, 1991 and Master plan for Port Blair building area the authority of the respondent had ordered for a stay of the construction of the building on the complaint made by the petitioner. Despite, the stay order passed by the respondent No. 2, the private respondent carried out illegal construction work merely on the conceit that he is working under the Port Blair Municipal Council and no one can dare to touch the illegal construction.

In this context the representation was made by the petitioners on 16.07.2020 and also on 14.09.2020 requesting the respondent authority

to take immediate steps against the illegal construction being raised by the private respondent in flagrant violation of the stay order No. 1050 dated 18.02.2020, but the official respondent for best reason known to them for not taking any action against private respondent no. 3 paid no heed to the complaint of the writ petitioner. Being aggrieved the petitioner has sought for appropriate direction upon the respondent no. 2.

Having heard learned counsel for the petitioner and respondent no. 1 and 2 and in consideration of the materials placed in the record and having regard to the stay order passed by the Executive Engineer (Plg.), Port Blair Municipal Council vide stay order No. 1050 dated 18.02.2020 the authority concerned is directed to see to it that the order is regarded and complied by the parties concerned and the proceeding started by the respondent authority be concluded with a period of four weeks from the date of communication of the order.

Thus, the writ application being WPA/167/2021 is disposed of, however, without any order as to costs.

All the parties are directed to act on the basis of the website copy of the order.

(Shivakant Prasad, J.)