Bhupindar Singh Atwal vs The State Of West Bengal & Ors
2021 Latest Caselaw 3874 Cal

20.07.2021.
Item no. 73.
Court No.13
   ap
                                W.P.A. No. 11090 of 2021
                              (Through Video Conference)
                             Bhupindar Singh Atwal
                                      Versus
                         The State of West Bengal & Ors.

                     Mr. Avirup Mondal,
                     Mr. Chandrachur Chatterjee,
                     Ms. Sumitava Chakraborty.
                                                        ...For the petitioner.
                     Mr. Pantu Deb Roy, ld. AGP,
                     Mr. Ananda Farmania.
                                                              ...For the State.
                     Mr. Om Naranayan Rai,
                     Mr. Nikhilesh Mittal.
                                   ...For the respondent nos.12, 14 & 15.

Mr. Sounak Bhattacharya.

..For the Asansol Municipal Corporation.

Affidavit-of-service filed in Court today by the

Counsel for the petitioner be taken on record.

The writ petitioner is aggrieved by the alleged

unauthorized construction effected by the private

respondents despite Asansol Municipal Corporation

having allegedly declared the construction of the

private respondents to be unauthorized.

It is submitted by the Counsel for the State

that due steps have been taken by the police and that

no further unauthorized construction going on now.

Counsel for the Asansol Municipal Corporation

submits that the issue as regards the unauthorized

construction and the prayers of the private

respondents, is under consideration under the

provisions of the West Bengal Municipal Corporation

Act, 2006. He further submits that the said proceeding

could not be disposed of in view of on going Pandemic.

It is assured that the said proceeding shall be

completed by the Asansol Municipal Corporation as

expeditiously as possible.

Counsel for the private respondents, Mr. Rai,

submits by reference to a judgment of the Division

Bench of this Court, passed in F.M.A.T. No. 374 of

2019 on 28th January, 2020 that the private

respondents were entitled to effect repairs to comply

with statutory requirements.

It is also evident from the said order of the

Division Bench that the private respondents were

specifically authorized to effect repairs to the existing

building.

Be that as it may, Asansol Municipal

Corporation is directed to expeditiously dispose of the

proceedings as regarding the legality of the

construction effected by the private respondents within

a period of one month from the date of communication

of a copy of this order.

Needless to mention that all parties shall be

heard by the said Municipal Corporation and

necessary orders shall be passed in terms of the 2006

Act.

With the aforesaid directions, the instant writ

petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy

of this order on usual undertakings.

(Rajasekhar Mantha, J.)