Smt. Chhanda Paul vs The State Of West Bengal & Ors
2022 Latest Caselaw 3063 Cal

04.   06.06.2022
      Ct. No.6
      Tanmoy


                                        F.M.A. 643 of 2022
                                        (M.A.T. 681 of 2022)

                                     Smt. Chhanda Paul
                                           -Versus-
                               The State of West Bengal & Ors.

                                             With
                                    IA No: C.A.N. 1 of 2022




                   Mr. A.K. Routh, Adv.,
                   Ms. Ananya Mondal, Adv.

                                ...for the appellant.

                   Mr. Himadri Sekhar Chakraborty, Adv.,
                   Ms. Susnita Saha, Adv.

                                ...for the State.




                       By consent of the parties, the appeal and the

                   connected application are taken up together for hearing.

                       A Judgment and order dated March 21, 2022,

                   whereby W.P.A. 2099 of 2022 was disposed of, is the

                   subject-matter of this appeal.

                       The writ petitioner/appellant approached the learned

                   Single   Judge   with   the   grievance     that   the   private

                   respondent had obtained a Building Plan from the

Bidhannagar Municipal Corporation (in short, 'BMC') by

making material misrepresentation and fraudulent

statements in the application. On the basis of such

sanctioned plan, the private respondent is making

construction on land which actually belongs to the writ

petitioner. The writ petitioner had made a representation

to BMC for looking into the matter and cancelling the

plan that was sanctioned in favour of the private

respondent. Alleging inaction on the part of BMC, the writ

petitioner approached the learned Single Judge.

The learned Single Judge noticed that the writ

petitioner has filed a civil suit before the learned Civil

Judge (Junior Division), 1st Court, Barasat, North 24-

Parganas, for declaration of title and injunction against

the private respondent. In that suit, the writ petitioner

has obtained an interim order of injunction restraining the

private respondent herein from transferring, alienating

etc., the suit land. The learned Judge observed that since

the writ petitioner is claiming that the private respondent

has encroached on her land and since such issue is

pending before the Civil Court, until such issue is

decided, BMC ought not to be directed to go into the

question of whether or not the private respondent has

obtained the sanctioned plan by making material

misrepresentation or by practicing fraud. Accordingly, the

learned Single Judge disposed of the writ petition by

observing as follows:

"If the petitioner contends violation of the order of the civil court, the petitioner is at liberty to approach the civil court, in accordance with law. The petitioner may also file appropriate application for implementation of the order of injunction. This order shall not affect the merits of the civil suit. Neither will this order be treated as a seal of the court on the construction that is being raised by the respondent no.9. All the points raised in this writ petition may be renewed at the appropriate stage."

Being aggrieved, the writ petitioner is before us.

From the affidavit of service filed in Court, we find that

the private respondent as well as BMC have been served.

However, nobody appears for BMC or the private

respondent. In view of the nature of the order that we

propose to pass, we do not think that it is necessary to

keep the matter pending any further.

The Commissioner of BMC is directed to consider the

writ petitioner's representations annexed to the writ

petition, in exercise of his power under Section 286 of the

West Bengal Municipal Corporation Act, 2006 and take a

reasoned decision on such representations, in accordance

with law, within a period of eight (8) weeks from the date

of receipt of a copy of this order, after giving an

opportunity of hearing to the writ petitioner, the private

respondent and any other concerned party. It is made

clear that the Commissioner shall not go into the question

of title in respect of the concerned land. The exercise of

the Commissioner shall be restricted to ascertaining as to

whether or not the private respondent obtained the

sanctioned plan by making material misrepresentation or

fraudulent statements in the application for sanction of

the Building Plan. The decision so taken by the

Commissioner, shall be communicated to the concerned

parties within a week from the date of the decision.

We have not gone into the merits of the writ

petitioner's claim. It is for the Commissioner of BMC to

take an informed decision regarding the same, in

accordance with law. If the Commissioner finds that the

writ petitioner's grievance is correct and the sanctioned

plan should be cancelled, the consequences will follow.

We further clarify that nothing contained in this

order shall have any bearing on the civil suit that is

pending between the parties.

With the aforesaid modification of the order

impugned, the appeal being F.M.A. 643 of 2022 and the

connected application being IA No: C.A.N. 1 of 2022 are

disposed of.

Let urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with all necessary formalities.

(Subhendu Samanta, J.) (Arijit Banerjee, J.)