Shri B.Appanna v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/701/2024 Shri B. Appanna Vs.

The Lieutenant Governor and Others Mr. Lokesh Chezian N.

... for the petitioner Mr. Shatardu Chakraborty, Sr.Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the Administration Ms. Anjili Nag, Sr.Adv.

Ms. A. Keerthi ... for the respondent December 16, 2024 [SR] Item no. 6 1.

The petitioner prays for implementation of the order passed by the Secretary, Municipal Council on 08.11.2024 directing the private respondent to demolish the illegal construction within a period of 30 days from the date of the said order.

2.

Learned senior counsel representing the private respondent submits, upon instruction, that a statutory appeal against the order of demolition has been preferred before the Deputy Commissioner, South Andaman today i.e. 16.12.2024. 3.

As the aggrieved party has already availed of the remedy available in law, accordingly, the instant writ petition is disposed of by directing the Municipal Council to take steps in the matter after the disposal of the appeal by the appellate authority.

4.

The appellate authority shall ensure that an opportunity of hearing is given to all the necessary parties at the time of consideration of the statutory appeal. The Municipal Authority shall also ensure that the order of demolition, if affirmed by the appellate authority, shall be executed at the earliest. 5.

It will be open for the petitioner to approach the appellate authority for early disposal of the appeal.

6.

The writ petition stands disposed of. There shall be no order as to costs.

7.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )