Jagdish Kishen v. The Port Blair Municipal Council And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/110/2024 Jagdish Kishen Vs.

The Port Blair Municipal Council and Others Mr. K. Vijay Kumar .... for the petitioner Mr. V. D. Sivabalan ... for the Administration Mr. Rakesh Kumar ... for the PBMC Mr. Maheshwar Lall ... for the respondent no.6 February 26, 2024 [SR] Item No.8 This is an application praying for a direction upon the respondent authorities, particularly the respondent no.3 to take immediate steps for demolition of the offending structure of the private respondent and upon the respondent no.5 to see that no construction is carried out by the respondent no.6 till the demolition of the offending structure.

Learned counsel appearing for the petitioner submits as follows. The private respondent has made an illegal construction on the land in question. This was brought to the notice of the municipal authority and an order was passed directing demolition of the illegal structure. But, the same has not been carried out by the authorities. Learned council appearing on behalf of the respondent nos.1 to 4 submits as follows. All steps have been taken in accordance with law pursuant to the order passed directing demolition of illegal structure. The property has already been sealed. The file is being put up before the Chairperson, Port Blair Municipal Council for necessary approval.

Learned counsel appearing for the private respondent submits as follows. The order of demolition has already been appealed against. No stay order could be obtained as the presiding officer is under transfer. However, there is an interim order of injunction granted by a civil court in respect of the property not to change the nature and character of the suit property.

It appears that the municipal authorities have already sealed the property in question.

Although the private respondent has preferred an appeal against the order of demolition, no order of stay has been passed in the same.

In view of the above, the municipal authorities shall be at liberty to go-ahead in terms of the order passed by the Secretary, Port Blair Municipal Council, however subject to any order that may be passed in the appeal. The learned Appellate Court is requested to conclude the appeal proceedings expeditiously in accordance with law, preferably within a period of three months from the date of communication of this order.

With these observations, the writ petition is disposed of. Urgent Photostat certified copy of the judgment, if applied for, be supplied to the parties upon compliance of all legal formalities. ( Jay Sengupta, J. )