Fatima Bibi v. The Lt.Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/1102/2023 Fatima Bibi Vs.

The Lieutenant Governor and others Ms. Anjili Nag ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration December 21, 2023 [SR] Item No.3 On 4th October 2023 an order for demolition of a structure was made by Port Blair Municipal Council. The order directed the petitioner to demolish the structure within thirty days from the date of receipt of the order.

Against this order, the petitioner on 23rd October, 2023 filed an appeal before the Deputy Commissioner. Thirty days having expired from the date of the demolition order and the petitioner not having demolished the structure, on 11th December, 2023 the Council made an order that it would demolish the structure in question. On receipt of this order, on 18th December, 2023 the petitioner filed an application for stay of the demolition order before the tribunal. The appeal and the stay application are pending. Despite such pendency, the demolition orders of 4th October, 2023 and its implementation by the order dated 11th December, 2023 have been sought to be given effect to by the council.

Ms. Anjili Nag, learned counsel for the petitioner submits that the tin roof of the structure has already been demolished.

After hearing learned counsel for the parties, I dispose of this writ application by directing the Appellate Authority, the Deputy Commissioner, to dispose of the appeal and the stay application before him together within two months of communication of this order.

Demolition of the structure in question would abide by the result of the appeal. Till disposal of the appeal by the appellate authority, further demolition of the structure in question remains stayed.

The writ application is accordingly disposed of. ( I.P.Mukerji, J.)