Smt. Chhaya Makhal vs The State Of West Bengal & Ors
2023 Latest Caselaw 277 Cal

   16
10.01.2023
   d.p.


                         In The High Court At Calcutta
                        Constitutional Writ Jurisdiction
                                Appellate Side


                              W.P.A 24666 of 2022

                               Smt. Chhaya Makhal
                                     -versus
                        The State of West Bengal & Ors.


                      Mr. Shankha Shubhra Mukherjee,
                      Ms. Barnali Saha.
                                   ...For the Petitioner.

                      Mr. Shibaji Kumar Das,
                      Mr. Ahshan Ahmed.
                                   ...For the Respondent No.6.

Ms. Sipra Majumder, Ms. Sreelekha Bhattachrya.

...For the State.

Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag, Mr. Tirthankar Dey.

...For BMC.

The petitioner alleges illegal and unauthorized construction over Plot No. R.A. 641. The plot is presently under the jurisdiction of the Bidhannagar Municipal Corporation.

The petitioner relies upon an order dated 19 th March, 2021 passed by the Hon'ble Division Bench of this Court in WPA(P) 2 of 2020 (Suman Das & Anr. -vs- State of West Bengal) wherein the Hon'ble Court was pleased to injunct all further construction in any of the plots in the area of Shantinagar in Ward No. 36 until further order.

The Court directed the Commissioner of the Bidhannagar Municipal Corporation to create a taskforce to make physical inspection of the entire area of Ward Nos. 35 and 36 and issue stop memos and demolition notices as required in terms of statutory provisions and following due procedure.

The judgment relied upon by the petitioner has been handed over to the learned advocate appearing for the Bidhannagar Municipal Corporation.

Admittedly, it appears that no formal complaint was lodged by the petitioner before the Corporation alleging unauthorized construction.

Learned advocate appearing for the private respondent seeks time to take instructions from his client as to whether construction has been made in accordance with any sanction granted by the Municipal Corporation or not.

Learned advocate appearing for the Bidhannagar Municipal Corporation shall place on record by way of affidavit the steps taken by the Commissioner of the Corporation in compliance of the direction passed by the Court on 19th March, 2021.

The report shall also mention as to whether any sanction was granted for making construction at the subject plot.

Let the report by way of affidavit be prepared by 31st January, 2023 and an advance copy be served upon the learned advocate appearing for the petitioner as well as the private respondent.

Let the matter appear in the list on 7 th February, 2023 under the heading "For Orders".

Exception to the said report may be filed in the meantime.

( Amrita Sinha, J.)