Shri.Gobinda Mondal v. Port Blair Municipal Council And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/476/2024 Shri Gobinda Mondal Vs.

Port Blair Municipal Council and another Mr. Arul Prasanth .... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents October 4 2024 [SR] Item No.4 The grievance of the petitioner is directed against the inaction on the part of the respondent authorities to carry out the order of demolition dated 11 October 2023. It is alleged on behalf of the petitioner that despite there being illegal construction carried out by the private respondent at the subject premises particulars whereof morefuly appear in the writ petition, the respondent authorities have deliberately not taken any action in the matter and also not acted in terms of the provisional order dated 2 November 2021 read with the final order dated 11 October 2023.

Despite attempts to serve the private respondent, the private respondent remains unrepresented.

It is submitted on behalf of the Administration that the Administration has issued an execution order dated 3 October 2024 and also affixed a notice at the subject premises. It is also submitted on behalf of the Administration that upon enquiries the Administration has come to learn that the private respondent has not been residing at the subject premises for a

period of more than two months. The additional documents filed on behalf of the Administration be kept with the records. In view of the prayer made on behalf of the petitioner and the fact that there is no embargo on the Administration in proceeding with the above demolition order, there shall be an order in terms of prayer (a) of the writ petition. The above exercise is to be concluded expeditiously and preferably within a period of four weeks from date of passing of this order.

With the above directions, WPA/476/2024 stands allowed.

( Ravi Krishan Kapur,J. )