Calcutta High Court (Appellete Side)
Subir Kumar Datta vs The State Of West Bengal & Ors on 21 November, 2022
21.11.2022
18
AN/Ct. No.24
WPA 22092 of 2022
Subir Kumar Datta
versus
The State of West Bengal & ors.
Mr. Sankar Biswas
Mr. Debnath Mahata
... for the petitioner
Mr. Mrinal Kanti Das
Mr. Subhabrata Das
Mr. Kartick Kumar Goyal
... for North Barrackpore
Municipality
Mr. Wasim Ahmed
Mr. Sk. Md. Masud
... for the State
The petitioner alleges illegal and unauthorized
construction at the instance of respondent no. 5. None
appears on behalf of respondent no. 5 despite service.
Affidavit of service filed in court is taken on record.
The petitioner refers to an order passed by the
learned Civil Judge, Senior Division, 3rd Court, Barasat,
North 24 Parganas on 03.06.2022 in Title Suit No.
496/2022. The learned court below was pleased to direct
the parties to maintain status quo with respect to
possession and nature and character of the suit property.
The petitioner submits that despite the order of
status quo, the private respondent is merrily carrying on
with the construction work without obtaining any
permission/sanction from North Barrackpore Municipality.
The petitioner relies upon a communication made by the
Public Information Officer of North Barrackpore
Municipality that the construction over holding no. 605
(new) of Ward no. 3 is being carried out without obtaining
appropriate sanction plan from the local body and no
action has been taken by the local body till date.
The petitioner filed representation before the
Chairman of the Municipality in September, 2020 and
alleges that the same has not been taken up for
consideration till date.
The petitioner relies upon an unreported judgment
passed by this court on 11.05.2018 in W.P. 5279(W) of
2018 in the matter of Smt. Purnima Devi vs. State of West
Bengal & Ors. wherein the Court observed that the
pendency of the Suit for partition does not mean that a
party to such Suit has a license to construct without due
sanction from the Municipality.
Learned counsel representing the Municipality
submits that the representation alleging unauthorized
construction will be considered in accordance with law.
The writ petition is accordingly disposed of by
directing the Board of Councillors, North Barrackpore
Municipality to consider and dispose of the objection made
by the petitioner before the Chairman on 13.09.2022
strictly in accordance with law, after giving an opportunity
of hearing to all the necessary parties including the
petitioner within a period of 12 weeks from the date of
communication of a copy of this order. The said
respondent shall pass a reasoned order and communicate
the same to all the necessary parties including the
petitioner immediately thereafter.
In the event the aforesaid respondent is of the
considered opinion that the construction has been made
either in violation of the plan sanctioned or devoid the
sanction plan, then necessary steps shall be taken to deal
with such unauthorised construction, in accordance with
law.
The aforesaid respondent shall restrict the
consideration of the representation with regard to
unauthorized construction only and not enter into or
decide any private dispute of the parties regarding right,
title and interest in respect of the aforesaid land.
It is made clear that this Court has not entered into
the merits of the claim made by the petitioner and all
points are left open to be decided by the aforesaid
respondent at the time of consideration of the
representation of the petitioner.
The petitioner is directed to forward a copy of the
representation dated 13.09.2022 to the aforesaid
respondent at the time of communicating the order of the
Court.
Writ petition stands disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on completion of usual
formalities.
(Amrita Sinha, J.)
