Bappa Pramanik vs Bidhannagar Municipal ...
2021 Latest Caselaw 3694 Cal

12.07.2021
 Sl. No.7
   srm
                                  W.P.A. No. 10852 of 2021

                                   Bappa Pramanik
                                         Vs.
                       Bidhannagar Municipal Corporation & Ors.


                        Mr. Shakti Nath Mukherjee,
                        Mr. Tarique Quasimuddin,
                        Ms. Sanchita Choudhuri
                                                           ...for the Petitioner.
                        Mr. Soumyajit Das Mahapatra
                                               ...for the Respondent No.8.

Mr. Tanmoy Mukherjee ...for the Respondent No.16.

Mr. Kapil Guha For the State.

Affidavit-of-service is taken on record.

This writ petition has been filed challenging inaction on

the part of the Bidhannagar Municipal Corporation in taking

steps pursuant to the complaint dated June 15, 2021 made by

the petitioner to the Chairperson, Board of Administrators,

Bidhannagar Municipal Corporation.

It is the contention of Mr. Mukherjee, learned Senior

Advocate appearing for the petitioner, that the petitioner had

filed a suit against the State for declaration and permanent

injunction. The suit was decreed and the right, title and

interest of the petitioner along with other plaintiffs in respect

of the suit property was declared. The defendants in the suit,

namely, the State of West Bengal and the Principal Secretary,

Urban Development Department, were permanently

restrained from making any disturbance in the petitioner's

peaceful possession of the suit property and also restrained the

defendants from causing any damage and wastage of the suit

property by changing nature and character. The State has

preferred an appeal against the abovementioned judgment

and decree.

It is submitted that during the pendency of the suit, a

local club comprising of members including the respondent

Nos.11 to 16 have started making illegal and unauthorised

pucca construction on the suit property. It is submitted that

even if the question of title to the disputed property is to be

decided in the appeal, no one had any right to raise any

unauthorised construction on any land. Thus, Mr. Mukherjee

prays that the competent authority of the Bidhannagar

Municipal Corporation should take steps to demolish any such

unauthorised construction which had been raised on the

disputed property.

Mr. Soumyajit Das Mahapatra and Mr. Tanmoy

Mukherjee, learned Advocates appear on behalf of the

respondent Nos.8 and 16 respectively. It is their submission

that the club has been in possession of the property in question

since 1990. The State was the owner of the suit property and

no interference with the possession of the club had occurred

since its possession. They further submit that no new pucca

construction on the suit land had been made by the club.

Mr. Guha, learned Advocate appearing on behalf of the

State-respondents, submits that the police authority had

enquired into the matter upon receiving a complaint lodged by

the petitioner. Criminal cases are pending against the parties.

There are cases and counter cases. Mr. Guha submits that the

police authorities do not have any further role to play in the

matter. A report has been submitted before this Court, which

is taken on record.

Having heard the submissions made by the respective

parties, this Court is of the opinion that as it is settled by

several judicial decisions that no illegal or unauthorised

construction at the instance of any person can be allowed to

stand. The Hon'ble Apex Court in the matter of Dipak Kumar

Mukherjee vs. Kolkata Municipal Corporation & Ors. reported

in (2013) 5 SCC 336 held that there should not be judicial

tolerance of illegal and unauthorised construction and the

functionaries and officers of the Kolkata Municipal

Corporation should be extremely vigilant and take steps for

enforcing the provisions of law.

This writ petition is disposed of with a direction upon

the Chairperson, Board of Administrators, Bidhanngar

Municipal Corporation to consider the petitioner's

representation dated June 15, 2021 and dispose of the same in

accordance with law upon hearing the petitioner as also the

respondent Nos.11 to 16. It is also directed that a

representative of the Urban Development Department,

Government of West Bengal may also be called for the hearing

for necessary clarification. The Chairperson, Board of

Administrators shall cause an inspection in the presence of the

petitioner and a representative of the respondent Nos.11 to 16

through a competent officer of the department. The report

must be supplied to the parties. If it is found that there has

been unauthorised construction or unauthorised construction

is going on, as claimed by the petitioner since 2016, then the

Municipal Corporation shall act in accordance with law.

The entire exercise shall be completed within a period of

ten weeks from the date of communication of this order.

This Court has not gone into the merits of the claims and

counterclaims of the respective parties and the competent

authority of the Bidhannagar Municipal Corporation shall deal

with the matter independently but strictly in accordance with

law.

The writ petition is, thus, disposed of.

There will be, however, no order as to costs.

All parties are directed to act on the basis of the server

copy of this order.

(Shampa Sarkar, J.)