Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 5542 Cal

 Sl. No.12
17.08.2022
 Court No.24
   B.M.
                             In The High Court At Calcutta
                            Constitutional Writ Jurisdiction
                                    Appellate Side

                                  W.P.A 17777 of 2022

                            Surya Sankar Basu @ Surja Sankar Basu &
                            Ors.
                                       Versus
                            The State of West Bengal & Ors.

                            Mr. Ram Krishna Bhattacharjee
                            Mr. Somraj Dhar
                            Mr. Partha Sarathi Sen Sharma
                                                    ... for the petitioners

                            Ms. Koyeli Bhattacharyya
                            Mr. Subhrangsu Panda
                                 ... for the Kolkata Municipal Corporation

                            Mr. Debjit Mukherjee
                            Ms. Susmita Chatterjee
                                                               ... for the State

                    The petitioners pray for a direction upon the

               respondent authorities to withdraw, rescind, cancel the

order of demolition issued against construction standing

on the premises No.152, Thakurpara Road, Ward No.114,

Borough-XI under the jurisdiction of the Kolkata

Municipal Corporation.

From the documents annexed to the writ petition,

it appears that a judgment was passed by the Municipal

Magistrate, 3rd Court, Calcutta on 17th June, 2022

wherein it was held that persons responsible were found

guilty for committing offence punishable under Section

401A of the Act. The matter before the Municipal

Magistrate was contested by the persons responsible for

making unauthorised construction.

The petitioners submit that an application has

been made for regularisation of the said unauthorised

construction. A prayer has been made for passing a

direction upon the respondent authorities for

consideration of the said representation.

The prayer of the petitioner has been opposed by

the learned advocate representing the Kolkata Municipal

Corporation.

It appears from submissions made on behalf of the

parties that the order of demolition was passed in

compliance of the direction passed by the Municipal

Magistrate.

The Corporation is bound to act in accordance with

law and in compliance of any order that has been passed

by the Court.

Moreover, there is hardly any provision for

regularisation of the unauthorised construction. The

judgment dated 17th June, 2022 is yet to be appealed

against. No order of stay has been passed by any forum

staying operation of the judgment dated 17th June, 2022.

In view of the above, prayer of the petitioners for

cancelling the order of demolition cannot be accepted by

the Court.

The writ petition fails and is hereby dismissed.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on completion of usual

formalities.

( Amrita Sinha, J.)