High CourtsDivision Bench(2025) 01 CAL CK 1711

SK.Gowsol Alam And Ors vs State Of West Bengal And Ors

Calcutta High Court, Appellate Side · Decided on 9 January 2025

HON’BLE JUDGES
T.S. Sivagnanam, CJ · Hiranmay Bhattacharyya, J
RESULT
Disposed Of
CASE NUMBER
WPA(P) No. 461 Of 2024

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 237 words
1.

This writ petition filed as a public interest writ petition alleges that the private respondents have put up construction in a land which is classified as a water body.

2.

The learned advocate for the private respondents submitted that copy of the writ petition has not been served and the ancestors of the private respondents have been recorded as rightful owners of the property.

3.

The learned advocate for the Municipality, on instruction, submitted that already notice has been issued by the Municipality to the private respondents as there is an allegation of construction in a water body.

4.

Thus, the representation given by the petitioners has been acted upon and the matter has to be taken to the logical end.

5.

Therefore, we direct the 6th respondent/Municipality to conduct an enquiry after notice to the petitioners as well as to the private respondents and also after affording them an opportunity of personal hearing and pass a reasoned order on merits and in accordance with law.

6.

This direction be complied with within a period of four weeks from the date of receipt of server copy of this order.

7.

The learned advocate for the private respondents is permitted to file Vakalatnama on behalf of his clients as soon as court fees/stamps are available.

8.

The report submitted by the Municipality is kept on record.

9.

With the above observations, the writ petition stands disposed of.