Biman Mukherjee vs The State of West Bengal and Others

I.P. Mukerji, J.—The petitioner and the private respondent No.3 are owners of adjacent buildings. Both are at war with each other. The writ petitioner says that the private respondent No.3 is making an illegal Verandah on the western side of his (respondent No.3) building and that he made a complaint in that regard to the Chairman, Kamarhati Municipality by a letter dated 11.5.2009 which is annexure ''P-1'' at page 20 to the writ petition. He says that no action has been taken further to that letter. Reminders were made to the municipality thereafter.

Both the municipality and the private respondent are represented.

There is no use keeping the writ application pending by inviting affidavits, as the order which I propose to make, would subserve the interest of justice.

When a complaint is made alleging illegal construction in an area where the West Bengal Municipal Act, 1993 operates, the Board of Councillors should apply their minds to the complaint and satisfy themselves whether the complaint is frivolous or there is some substance in it. If there is some substance in it, the authority is required to take steps according to section 218 of the West Bengal Municipal Act, 1993 and other analogous sections. Whether, there is cause for believing that the complaint is frivolous or there is cause to be satisfied that there is substance in such complaint, has to be ascertained by the concerned Board of Councillors upon proper enquiry. Such satisfaction or lack of satisfaction has to be recorded. In this case, nothing has been done. The complaint has been kept pending. If the Board of Councillors is satisfied that the complaint is totally unfounded, it is always at liberty to record the same and to communicate the same to the complainant. Otherwise, it has to initiate proceedings. In this case, it has done nothing.

In the circumstances, I direct the Board of Councillors of Kamarhati Municipality to consider the above complaints of the writ petitioner annexed to the writ application in accordance with law within a period of eight weeks from the date of communication of this order and to keep the writ petitioner informed of the steps it is taking further to the complaints.

As no affidavit-in-opposition has been called for, the allegations contained in the writ application are not admitted by any of the respondents.

Let xerox plain copy of this order, duly countersigned by the Assistant Registrar (Court), be handed over to the learned Advocates, for the respective parties, on usual undertaking.