Shri. K. Prem Kumar v. Port Blair Municipal Council And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/643/2023 Shri K.Prem Kumar Vs Port Blair Municipal Council and another Mr. Arul Prasanth ... for the petitioner Mr. V.D.Sivabalan ... for the official respondents Mr.Lokesh Chezian ... for the private respondent August 09, 2024 [SR] Item No.26 Read order dated August 02, 2024.

Today, an affidavit of compliance has been filed on behalf of the respondents. I find that the statutory appeal of the private respondent herein has been dismissed by the Appellate Authority by an order dated August 07, 2024.

I also find from that order that the private respondent having obtained sanction for construction of ground plus two floors, has, in fact, constructed ground plus four floors. The upper two floors, therefore, appear to be unauthorized. Also it appears that rules relating to floor, plot coverage and setback have been violated. In view of the aforesaid, I dispose of this writ petition by directing Port Blair Municipal Council to implement its demolition order dated January 05, 2023, as soon as possible and definitely within a period of four weeks from date. The expenses for demolition of the unauthorized portion of the building shall be borne by the private respondent. WPA/643/2023 is disposed of.

( Arijit Banerjee, J. )