Samir Golder v. The Port Blair Municipal Council And

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/975/2023 Shri Samir Golder ... Petitioner Vs.

The Port Blair Municipal Council and Others ... Respondents Mr. Veedur Narayan ...for the Petitioner Mr. Rakesh Kumar ...for the Respondent Nos.1 & 2 Mr. V.D. Sivabalan ...for the Respondent No.3 October 18, 2023 (M.A.Mobin) Item No.9 The instant Writ Petition was preferred by the petitioner against the order dated 3rd October, 2023 passed by the office of the Port Blair Municipal Council. It appears that the Municipal Council has passed the order by virtue of a direction passed by this Court dated 16th August, 2023. It further appears that the present petitioner also given an opportunity of being heard by the Port Blair Municipal Council. The crux of the order directed one Dilip Chowdhury to demolish an unauthorized structure over the plot Survey No.865 situated at Junglighat.

Learned Advocate for the petitioner submits that if demolition order is effected the petitioner shall suffer irreparable loss as the said structure was not properly determined regarding its actual location over the property.

Considering the submission of the learned Advocate for the parties it appears to me that the present petitioner may have some possessory right but it is not clear before this Court over which portion of the land he is exercising is possession and how he is affected by the impugned order. However, to protect his right he may prefer necessary suit before the appropriate Civil Court. The instant Writ Court find not justified reason to stay the impugned order passed by the Port Blair Municipal Council.

Accordingly, the instant Writ Petition is disposed of. (Subhendu Samanta, J.)