Shri. S. Sudeshnan v. The Secretary, Port Blair Municipal Council And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/668/2023 IA NO.CAN/1/2023 Shri S. Sudeshnan Vs.

The Secretary, Port Blair Municipal Council and others Ms. G. Mini .. for the petitioner Mr. V.D.Sivabalan ... for the PBMC Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the pvt. respondent October 31, 2025 [SR] Item no. 26 Considered all the documents. The Municipal Council submits that, at present no construction is going on. Mr. Gopala Binnu Kumar, learned advocate for the private respondent submits that the petitioner has already approached the civil court on the self same issue for appointment of commissioner to ascertain whether any unauthorized construction was going on. The petitioner had approached the Tehsildar earlier.

Admittedly, the municipal authorities are statutorily empowered to look into the allegation of unauthorized construction.

Mr.

Kumar submits that there was no unauthorized construction.

However, in my opinion, the Municipal Council should take a reasoned decision in the matter by invoking the appropriate provisions of law, to ascertain whether any construction had been made without any building plan or

whether the construction was permitted under the relevant rules.

This Court has not expressed any opinion on the factual disputes raised by the parties and relegates the matter to the appropriate authority of the municipality for a decision and necessary steps. An inspection of the construction shall be made in the presence of the parties. An inspection report shall be prepared and handed over to the parties. The parties shall be heard and allowed to make their submissions, on the basis thereof as also on the basis of documents which they wish to rely upon.

If it is found that there had been unauthorized construction or partial unauthorized construction, steps for demolition shall be taken in accordance with law. If it is found that the construction was permissible at the relevant time or that the same was made as per the rules and building plan, a reasoned decision shall be passed and supplied to all the parties. The pendency of the civil suit shall not come in the way and the municipality shall proceed according to the Municipal law and the relevant rules.

The entire exercise shall be completed within a three months from the date of communication of this order. The writ petition and connected application are disposed of accordingly.

Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )