Sri Avijit Kower & Ors vs Subir Konar @ Subir Kower & Ors
2023 Latest Caselaw 2720 Cal

02.    19.04.2023
       Court No.6
      Tanmoy Ghosh
                                             MAT 567 of 2023

                                          Sri Avijit Kower & Ors.
                                                  -Versus-
                                     Subir Konar @ Subir Kower & Ors.

                                                   With
                                           IA No: CAN/1/2023

                           Mr. Prantick Ghosh, Adv.,
                           Mr. Siddhartha Sarkar, Adv.
                                                    ...for the appellants.

                           Mr. Amal Kumar Mukhopadhyay, Adv.,
                           Mr. R. Jana, Adv.,
                           Mr. P. Chakraborty, Adv.

                                                    ...for the respondent nos.1-3/

writ petitioners.

Mr. Rabindra Narayan Dutta, Adv., Mr. Arkoday Mukherjee, Adv.

...for the Panihati Municipality.

A judgment and order dated March 14, 2023, whereby

the writ petition of the private respondents herein being

WPA 28608 of 2022, was disposed of, is under challenge in

this appeal.

By the order impugned, the learned Single Judge

directed implementation of an order of demolition dated

June 7, 2022, issued by the Chairman of the Panihati

Municipality, against the present appellants. Such order of

demolition was passed on the basis of complaint made by

the private respondents herein who were the writ

petitioners before the learned Single Judge alleging that

the appellants herein had made unauthorized construction

to the extent of approximately 200 square meters. The

learned Judge observed that the demolition order dated

June 7, 2022, has remained unimplemented for a long

time and directed the Municipality to complete demolition

of the unauthorized construction within a period of twelve

weeks from the date of communication of the order. Being

aggrieved, the private respondents in the writ petition have

come up by way of this appeal.

Learned Advocate for the appellants says that the

order dated June 7, 2022, is without jurisdiction. Under

Section 218 of the West Bengal Municipal Act, 1993

(hereinafter referred to as the 'said Act'), order for

demolition or alteration of buildings can be passed only by

the Board of Councillors. He also refers to Section 220 of

the said Act and submits that power to stop unauthorized

construction has been given to the Executive Officer of the

Municipality by the amendment of 2017, instead of the

Chairman.

Mr. Dutta, learned Advocate appearing for the

Municipality, says that he has to obtain instructions.

Let the Municipality file a report through the

Executive Officer in the form of an affidavit, in response to

the stay petition. In particular, the report will mention if

there is any Resolution or order of the Board of Councillors

for demolition of the impugned construction.

The report shall also mention whether there is any

sanctioned plan in respect of the impugned construction.

List the matter two weeks hence (03.05.2023). On the

adjourned date the report will be filed by the Municipality.

The appellants will also be at liberty to produce any

sanctioned plan that they may have in support of the

impugned construction.

There will be a stay of operation of the impugned

order till May 12, 2023 or until further order, whichever is

earlier.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)