Calcutta High Court (Appellete Side)
Abu Hussain Querashi & Ors vs Shaikh Md. Salim Rahamgul & Ors on 13 December, 2022
13.12.2022
Item No.15
Court No.6.
S. De
M.A.T. 1654 of 2022
with
I.A. No. CAN/1/2022
Abu Hussain Querashi & Ors.
Vs
Shaikh Md. Salim Rahamgul & Ors.
Mr. Amitava Pain,
Mr. Noni Gopal Chakraborty,
...for the appellants.
Mr. Rwitendra Banerjee,
Mr. Devdutta Pathak,
...for the writ
petitioner/respondent no.1.
Mr. Sougata Mitra,
...for the Purulia Municipality
Affidavit-of-service filed in Court today, be kept
with the records.
By consent of the parties, the appeal and the
connected application are taken up together for
hearing.
This appeal is directed against a judgment and
order dated September 6, 2022 whereby the writ
petition of the respondent no.1 was disposed of.
The respondent no.1 herein had approached the
learned Single Judge with the grievance that the
present appellants who are private respondents in the
writ petition had constructed illegal shop-rooms on the
concerned land.
A report was called for from the concerned Block
Land and Land Reforms Officer. From such report it
appeared that the impugned construction has
narrowed down the subject road and is causing
hindrance to movement of heavy vehicles. In that
background, the learned Judge disposed of the writ
petition with the following observations :-
"As it appears that the Block
Land and Land Reforms Officer has
already conducted a spot inspection
and has come to a finding that the
construction has narrowed the
subject road and is causing
hindrance to the movement of the
heavy vehicles, accordingly, the
concerned officer of the Purulia
Municipality is directed to take steps
for removal of any unauthorized
construction that has narrowed the
road and is causing hindrance to the
movement of the heavy vehicles.
Necessary steps shall be
taken in the matter after giving a
reasonable opportunity of hearing to
the persons who constructed the
goomty or are carrying on business
in the said goomty.
The Municipality shall ensure
that the removal is made within a
period of twelve weeks from the date
of communication of a copy of this
order."
Being aggrieved, the private respondents have
come up by way of this appeal.
Learned advocate for the writ petitioner has
produced a copy of an order dated December 8, 2022
passed by the Chairman of the Purulia Municipality. It
appears from the said order that the parties were given
a hearing on December 3, 2022. By the said order the
Chairman of the Municipality has directed removal of
the impugned construction being seven numbers of
goomties.
It thus appears that the appellants herein could
not produce documents to show that the impugned
construction is authorized. In any event, the order
dated December 8, 2022 would furnish a fresh cause
of action to the appellants. They may challenge such
order before the appropriate forum in accordance with
law, if they are so advised. We see no apparent
infirmity in the order under appeal which, in our view,
does not warrant any interference.
However, purely on humanitarian grounds, we
direct that no steps be taken for removal of the
impugned construction for a period of ten days from
today. If within the said period of ten days, the
appellants are unable to obtain any favourable order
from any competent forum, the order for removal of the
impugned construction shall be implemented
forthwith.
It is made clear that the ten days' breathing
space granted to the appellants by this order is
peremptory and the Municipality shall, under no
circumstances, stay its hands beyond the said period.
We have not gone into the merits of the case and
all points are left open to be decided by the appropriate
forum.
M.A.T. 1654 of 2022 is, accordingly, disposed of
along with the application being I.A. No. CAN 1 of
2022.
Urgent certified photostat copy of this order, if
applied for, shall be given to the parties as
expeditiously as possible on compliance with all the
necessary formalities.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)
