Shri. K.Prasanna Kumar v. The Port Blair Municipal And ANR Council
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/54/2024 IA No. CAN/1/2024 K. Prasanna Kumar Vs.
The Port Blair Municipal Council and another Mr. Rakesh Kumar ... for the PBMC Mr. Arul Prasanth ... for the pvt. Respondent WITH MAT/57/2024 IA NO. CAN/1/2024, CAN/2/2024, CAN/3/2024, CAN/4/2024 Smt. K. Marthamma Vs.
The Port Blair Municipal Council and another Ms. Anjili Nag, Sr. Adv Mr. Ajay Majhi ... for the appellant Mr. Rakesh Kumar ... for the respondent No. 1 Mr. Arul Prasanth ... for the respondent No. 2 January 9, 2025 [SR] Item nos. 7 & 8 1.
The brief factual background which is relevant for the purpose of the present proceeding today is that the authorities passed an order for demolition of certain illegal structures of the present appellant in MAT/54/2024, but the same was not being given effect to.
2.
The private respondent herein, thus filed the writ petition seeking enforcement of the order passed by the authority under the Port Blair Municipal Council Building Bye-Laws, 1999 (hereinafter referred to as the Bye-laws of 1999). 3.
In the writ proceedings, direction were issued for carrying out the demolitions against the appellant in MAT/54/2024.
Being aggrieved by such directions, an appeal was preferred (MAT/54/2024). In the appeal, by an order dated 12.11.2024 this Court directed the Port Blair Municipal Council (PBMC) to proceed with the demolition work against the appellant. 4.
It is, at this juncture, that the mother of the appellant in MAT/54/2024 filed another appeal being MAT/57/2024 raising therein an issue regarding the private respondent in MAT/54/2024 also having raised structures contrary to the Building Bye-laws of 1999, requiring demolition as was being carried in respect of the appellant in MAT/54/2024. 5.
As a result of such, a complaint being brought to the notice of the Court a coordinate bench of this Court directed the authorities to examine the issue and proceed in accordance with the Bye-law of 1999.
6.
It appears from the report filed by the Port Blair Municipal Council (PBMC) that they have identified illegalities in the structure of the private respondent of MAT/57/2024, and found the same liable to be demolished.
7.
A provisional order to this effect was passed, and a notice was issued upon the private respondent under clause 32.8 of the Bye-laws of 1999. The private respondent thereafter submitted his show cause, which was not found to the satisfaction of the officials. Therefore the provisional order was confirmed as contemplated under clause 32.9 of the Bye-laws of 1999.
8.
Learned counsel for the appellant in MAT/57/2024 submits that the order having been confirmed under clause 32.9, the authorities are required to proceed with the demolition
work, unless the stay order passed by the appellate authority is produced by the private respondent.
9.
Since no stay has been produced as yet, the authorities should proceed with the demolition work without any delay. 10.
Learned counsel for the private respondent submits that an appeal has been filed on 06.01.2025. He submits that appropriate prayer for stay will be moved in the appeal. 11.
Considering the rival submissions and on a bare perusal of the Building Bye-Laws of 1999, we find that the same contemplates an appeal. The Appellate Authority is also vested with the discretion and jurisdiction to pass an order of stay in respect of an order passed under 32.9. The Building Bye-laws of 1999 contemplates second appeal also.
12.
Since the issue is now at the stage of appeal, we would only observe that the private respondent as well as the authorities are required to act with due diligence and the authorities should proceed in the matter in accordance with law.
13.
Since the issue is now to be considered by the authorities under the Building Bye-laws of 1999 in the pending appeal proceedings, no further order are required to be passed in this appeal.
14.
The appeals and the connected applications are accordingly disposed of.
( Madhuresh Prasad, J. ) ( Supratim Bhattacharya, J. )