Pradip Chowdhury v. The Port Blair Municipal Council And ORS
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] ...
WPA/794/2023 Pradip Chowdhury Vs.
The Port Blair Municipal Council and others Ms. Anjili Nag ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwevedi ... for the respondents August 16, 2023 (SR) Item No.10 Affidavit of service is not ready. There is nothing on record to show that the private respondent has been served. The petitioner seeks execution of the order of demolition passed by the Secretary, Port Blair Municipal Council on 3rd May, 2019.
It appears that the Tehsildar, by an order dated 27th March, 2023, directed the private respondent No.4 to stop all illegal construction work upon the subject land and to appear for hearing.
Learned advocate representing the petitioner submits, upon instruction that, an order has been passed by the Tehsildar restraining the private respondent from carrying on any construction work but ignoring such restraint order the private respondent is merrily continuing with the same. Learned advocate representing the Municipal Council submits, upon instruction that, till a decision is taken by the elected body of the Council, the order of demolition cannot be implemented.
On a query from the Court, it has been submitted by the learned advocate representing the council that, there is no order staying the Council from taking a decision consequent to the demolition order dated 3rd May, 2019 passed by the Secretary, Municipal Council.
Upon hearing the parties it appears that the demolition order cannot be given effect to till a decision is taken by the Council.
No useful purpose will be served by keeping the writ petition pending and none of the non appearing parties will be aggrieved if the writ petition is disposed of in the following manner.
In view of the above, the instant writ petition stands disposed of directing the Port Blair Municipal Council to take consequent steps to the Order No.2893 dated 3rd May, 2019 so that the unauthorized construction can be dealt with in accordance with law, at the earliest.
The Council shall ensure that all parties, including the private respondents, are given reasonable opportunity of hearing to place their case prior to passing final order in the matter.
A decision shall be taken at the earliest but positively within a period of twelve weeks from the date of communication of this order.
Learned advocate for the petitioner is directed to forward copy of the Order No. 2893 dated 3rd May, 2019, order of the Tehsildar and all other relevant documents to the Council at the time of communicating the order of the Court. The writ petition is disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J. )