Abdul Shakoor v. The Lieutenant Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/127/2024 Abdul Shakoor Vs.

The Lieutenant Governor and Others Ms. Anjili Nag, Sr. Adv.

Ms. Anoushka Singh ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the Administration Mr. Lokesh Chezian, N.

... for the pvt.respondent December 11, 2024 [SR] Item no. 31 1.

The petitioner is suffering an order of demolition. The allegation is that the order of demolition has been passed without affording any opportunity of hearing to the petitioner. 2.

Learned advocate representing the private respondent, being the complaint, relies upon the affidavit-in-opposition wherein the noting of the peon book showing service of notice of hearing upon the petitioner is annexed. Reliance has also been placed on the signature put by the petitioner at the time of hearing.

3.

It has been submitted that the petitioner was all along aware of the entire proceeding and the instant writ petition has been filed only for the purpose of stalling the execution of the order of demolition.

4.

According to the provision of law, the order of demolition is an appellable one. The petitioner alleges that no opportunity was given to him prior to passing the order of demolition. The

signatures of the petitioner annexed in the affidavit-inopposition have been disputed by the learned counsel representing the petitioner.

5.

To put end to the issue, the Court thinks it expedient to give one opportunity to the petitioner to raise all issues before the appellate authority.

6.

It is hereby ordered that, if the petitioner prefers a statutory appeal before the competent authority within 20.12.2024, the appellate authority shall endeavour to dispose of the said appeal in accordance with law upon hearing the submission to be made by all the necessary parties and by passing a reasoned order at the earliest but positively within ninety (90) days from the date of filing the appeal. 7.

Till a final order is passed in the appeal which may be filed by the petitioner within the time limit stipulated herein above, the order of demolition impugned in the instant writ petition, shall not be given effect to. If the appeal is not filed within the time mentions hereinabove, it will be open for the Municipal Council to proceed with the demolition work without any further delay.

8.

It is made clear that this Court has not entered into the merits of the allegation of either of the parties and all points are left open to be decided by the authority at the time of hearing of the appeal to be filed by the petitioner.

9.

The writ petition stands disposed of. There shall be no order as to costs.

10.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )