Calcutta High Court (Appellete Side)
Biswajit Dutta & Anr vs The State Of West Bengal & Ors on 6 February, 2023
Item No.9(ml)
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
06.02.2023
Ct-24
WPA 2454 of 2023
Biswajit Dutta & Anr.
v.
The State of West Bengal & Ors.
Mr. Ranjit Kumar Ray
Mr. Ekta Ranjan Shaw
... for the petitioners.
Mr. Piyali Sengupta
... for the respondent no. 6.
The petitioners are aggrieved by the notice under
Sections 544 and 546 of the Kolkata Municipal
Corporation Act, 1980.
It appears that the said notice was issued on
January 19, 2023 intimating the petitioners that the
men and agents of the Kolkata Municipal Corporation
shall enter the premises no. 2, Durga Das Lane, Ward
No. 78, Borough-9 of the Corporation to demolish the
unauthorized construction in compliance of the direction
passed by the Senior Municipal Magistrate on December
28, 2022 under Section 584 of the Act.
It appears from the judgment dated December 28,
2022 that the Senior Municipal Magistrate directed the
Municipal Commissioner or his delegate to demolish the
unauthorized, irregular, invalid, illegal and unlawful
erection/construction work of the entire building at the
subject premises within fifteen days from the date of
expiry/elapse of the stipulated period in accordance with
law and to recover the expenses of such demolition from
the convicted persons.
It appears from the judgment passed by the Senior
Municipal Magistrate that the same was passed after
giving reasonable opportunity to the petitioners to
defend themselves. The learned Court examined six
witnesses and several other documents to arrive at the
said finding. The Court below held that the construction
was made without obtaining any sanction from the
Kolkata Municipal Corporation.
The Court further held that the accused persons
undertook the work of unauthorized/illegal construction
which is of such a nature that it is endangering human
life and property. The offenders did not show any kind of
responsibility towards the society and violated the law
deliberately. The desperate attitude of the offenders
cannot be treated leniently.
It appears that the impugned notice has been
issued to comply with the direction passed by the Senior
Municipal Magistrate. Had the petitioners been aggrieved
by the judgment passed by the Senior Municipal
Magistrate, then necessary steps ought to have been
taken to assail the same before the appropriate forum
and obtain order of stay from the said forum.
At this stage, it does not appear that there has
been any error on the part of the Assistant
Engineer(C)/Building, Borough-IX in issuing the
impugned notice for implementation of the direction
passed by the Senior Municipal Magistrate.
In view of the above, no relief can be granted to the
petitioners in the instant writ petition.
The writ petition fails and is hereby dismissed.
Urgent certified photocopy of this order, if applied
for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
Sh (Amrita Sinha, J.)
