Abdul Khalid v. The Lieutenant Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/92/2024 Abdul Khalid ... Petitioner Vs.

The Lieutenant Governor and Ors. ... Respondents Mr. Lokesh Chezian N. ...for the Petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondent nos.1 & 2 February 01, 2024 (M.A.Mobin) Item No.7 The Writ Petitioner has prayed for a direction upon the Port Blair Municipal Council to execute the Order of the Secretary being No.7995 dated 29th November, 2019. When this Writ Petition was taken up for hearing on January 31, 2024, a submission was made by the learned Advocate representing the Respondent Nos.1 & 2 that the Secretary, Municipal Council has passed the order dated 29th November, 2019 but necessary approval from the Chairperson of the Port Blair Municipal Council is awaited. Today when the matter is taken up, Mr. Chakraborty, learned Advocate representing the Port Blair Municipal Council submits that the final approval has already been given by the Chairman and a final order has been passed on 1st February, 2024 vide Order No.435. A copy of such order filed in Court today is taken on record.

After going through the said order dated 1st February, 2024 it appears that the Chairperson has accorded approval for execution of the order dated 29.11.2019 and the Secretary, Port Blair Municipal Council, has passed an order directing the Executive Engineer-1 (Wks), Municipal Council to demolish the unauthorized building from February 20, 2024 onwards till its completion at the cost and risk of the private respondent.

The learned Advocate appearing for the petitioner submits that the Respondent No.3 has already been served. The said learned Advocate undertakes to file the Affidavitof-Service in course of this day. In spite of service none appears for the Respondent No.3.

Since the authorities have taken a decision to demolish the unauthorized building as indicated in its Order No.435 dated 1st February, 2024, the Writ Petition stands disposed of recording such fact.

There shall be, however, no order as to costs. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)