Shri.B.N.Das v. Sri Vijaya Puram Municipal Council And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/146/2025 Shri B. N. Das Vs.

Sri Vijaya Puram Municipal Council and Others Mr. Gopal Binnu Kumar ... for the petitioner Mr. Rakesh Kumar ... for the respondents March 24, 2025 [AKB] Item No.2 1.

The present writ petition has been filed, inter alia, praying for a direction upon the respondents to in-effect quash the communication dated 11th October, 2024 issued by the respondent No. 3 whereby, the said respondent had refused to consider the petitioner's application for approval of building plan as submitted by the petitioner in respect of survey No. 58 and 59 situated at Junglighat village, ward No. 13, Port Blair now Sri Vijaya Puram.

2.

The records of the proceedings would however, reveal that a demolition order directing demolition of illegal construction was passed on 17th October, 2023 by the Secretary, Port Blair Municipal Council in respect of the aforesaid survey numbers. Although, the petitioner had challenged such order before the appellate authority, the appeal was dismissed on 3rd October, 2024. Subsequently, a fresh demolition order was passed on 10th October, 2024. In the interregnum, however, since, the petitioner had

challenged the original demolition order dated 17th October, 2023 before the Lieutenant Governor, Andaman and Nicobar Islands and since, during pendency of such appeal the demolition order was being implemented, the petitioner had approached this Court by filing a writ petition being WPA/529/2024.

3.

It appears that a Coordinate Bench of this Court by an order dated 22nd of October, 2024 by noting that an appeal was pending before the Lieutenant Governor, Andaman and Nicobar Islands against the demolition order dated 17th October 2023, had restrained the respondents from proceeding with the said demolition order though, for a limited period.

4.

The writ petition was however, disposed of with a direction upon the respondents by restraining the respondents by giving effect to the demolition order dated 17th October, 2023 as well as the order dated 10th October, 2024 for a period of one month from date, with liberty to the petitioner to approach the Lieutenant Governor, Andaman and Nicobar Islands for extension of the stay order. The Coordinate Bench had also directed that the appeal pending before the Lieutenant Governor, should be decided as expeditiously as possible.

5.

The parties would however, submit that the said appeal is yet to be decided though, I have been informed by the parties, that the date of hearing of the appeal is fixed on 26th March, 2025.

6.

Noting that the above appeal is pending, I am of the view at this stage no direction can be issued upon the respondents to consider the petitioner's application for approval of the sanction building plan. If, however, the petitioner succeeds in the pending appeal, the respondents shall be obliged to consider the petitioner's application for approval of the sanction building permit dated 20th February, 2024 on merits, in accordance with law.

7.

With the above observations and directions, the writ petition WPA/146/2025 stand disposed of.

8.

There shall be no order as to costs.

(Raja Basu Chowdhury, J.)