Smti. Fatima Bibi v. The Deputy Commissioner
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/67/2024 Smti. Fatima Bibi Vs.
The Deputy Commissioner Ms. Anjili Nag, Sr.Adv.
Ms. Anushka Singh ... for the appellant Ms. Babita Das ... for the respondent December 04, 2024 [SR] Item no. 5 1.
The order dated 08.11.2024 passed by the Hon'ble Single Judge dismissing the writ petition and affirming the order passed by the Deputy Commissioner, South Andaman dated 31.07.2024 is impugned herein.
2.
The order of demolition dated 11.12.2023 passed by the Municipal Council was carried in appeal by the petitioner before the Deputy Commissioner. The Deputy Commissioner fixed the appeal for hearing on 18.03.2024 when the same could not be take up. The matter was re-fixed on 21.05.2024 when the petitioner sought for an adjournment. Without granting any adjournment, the Deputy Commissioner, being the Appellate Authority passed the final order on 31.07.2024. 3.
The appellant submits that only one adjournment was sought for by the appellant before the Appellate Authority that is on 21.05.2024. The Appellate Authority kept the appellant's prayer for adjournment pending and passed the final order confirming the order of demolition on 31.07.2024.
4.
It has been submitted that one opportunity may be granted to the appellant to press the appeal before the Appellate Authority.
5.
Learned advocate representing the Deputy Commissioner, South Andaman submits that the order of demolition was passed on 11.12.2023. The appellant ought to have been more vigilant and ought not to have sought for adjournment but should have proceeded with the appeal diligently. The Deputy Commissioner did not commit any error in not allowing adjournment to the appellant.
6.
We have heard the submissions made on behalf of both the parties.
7.
It appears that, admittedly, the order of demolition was passed on 11.12.2023 and the appeal was disposed of on 31.07.2024. Till date, the order of demolition is yet to be executed by the Municipal Council.
8.
The Court is inclined to accept the submission made on behalf of the respondent that the appellant ought to have been more vigilant in proceeding with the appeal.
9.
Nevertheless, for ends of justice, a further opportunity may be granted to the appellant to press the appeal. 10.
It is directed that the appeal preferred by the appellant before the Deputy Commissioner be reconsidered by the authority at the earliest but positively within a period of eight weeks from the date of communication of this order. 11.
It is made clear that no adjournment will be granted to any of the parties. In the event adjournment is sought for, then
it will be open for the Deputy Commissioner to decide the appeal on the basis of the documents already on record. 12.
The impugned order passed by the Hon'ble Single Judge dated 08.11.2024 and the order of the Appellate Authority dated 31.07.2024 both are set aside.
13.
The appeal stands disposed of.
14.
Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. ) ( Uday Kumar, J. )