Bela Mukherjee & Anr vs State Of West Bengal & Ors

Samapti Chatterjee, J

Affidavit of service filed in Court be kept on record.

Leave as prayed for is granted to the petitioners to implead the Inspector-in-Charge, Kotwali Police Station, Krishnanagar, Nadia as party respondent no.7 here and now.

Despite service of notice, no one appears on behalf of the private respondent nos.5 and 6. No adjournment is sought for.

The petitioners have filed the present writ petition for direction upon the Krishnanagar Municipality, presently run by the Administrator, the respondent no.3 herein, to take steps for demolition of the unauthorised construction carrying on by the private respondent nos.4, 5 and 6.

Mr. Ganguly, learned advocate appearing for the petitioners, submits that long back on 19th July, 2019 the petitioners made representation to the Administrator, Krishnanagar Municipality for demolition of the unauthorised construction carried on by the private respondents. Unfortunately, till date, no steps have been taken by the private respondents to demolish the unauthorised construction. Hence the present writ petition.

Ms. Karabi Roy, learned advocate appearing for the respondent no.4 submits that the private respondents are not carrying on any unauthorised construction at the premises in question, as has been projected by Mr. Ganguly. The private respondents are only carrying on repairing work in respect of some portions of the existing building.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the records, I direct the Krishnanagar Municipality, presently run by the Administrator, the respondent no.3 to conduct an enquiry at the premises in question and if required, he should invoke proceedings under Section 218 of the West Bengal Municipal Act, 1993 and complete the entire proceedings within eight weeks. Till such period the private respondent nos.4, 5 and 6 are restrained from carrying on any illegal construction or any further construction at the premises in question.

The Inspector-in-Charge, Kotwali Police Station, Krishnanagar, Nadia, the respondent no.7 is directed to ensure that the private respondent nos. 4, 5 and 6 shall not carry on any further construction at the premises in question.

With this direction, this writ petition is disposed of.

No order as to costs.

Let photostat plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to the learned advocates for the parties on usual undertakings.