Sri Bidyashankar Show vs The Bansberia Municipality & Ors
2023 Latest Caselaw 4119 Cal

Item No.21


                          In The High Court At Calcutta
                          Constitutional Writ Jurisdiction
                                  Appellate Side

05.07.2023
  Ct-24

                                WPA 8174 of 2023
                              Sri Bidyashankar Show
                                         v.
                         The Bansberia Municipality & Ors.

                   Mr. Kajal Ray
                   Mr. Suman Nandi
                                 ... for the petitioner.

                   Mr. Gautam Lahiri
                   Mr. Sana Parveen
                                 ... for the respondent nos. 6 to 8.

The petitioner complains of unauthorized construction over R.S. Khatian No. 1214, L.R. Khatian Nos. 124 (Agri) corresponding to R.S. Dag No. 325, L.R. Dag No. 491 classified as Danga and L.R. Khatian Nos. 696 (Non Agri), 129 (Agri), 721 (Non Agri) corresponding to R.S. Dag No. 326, L.R. Dag No. 492 classified as Bastu.

It appears that the learned Civil Court passed decree in TS No. 117 of 1999 directing the Municipality to remove the unauthorized structure and deliver vacant possession of the suit property to the plaintiff i.e. the petitioner herein. The principal defendant in the Suit was Bansberia Municipality.

It has been submitted that no appeal has been carried from the said decree.

The petitioner alleges that the unauthorized construction has been made at the behest of the private respondents.

Learned advocate representing the private respondent nos. 6, 7 & 8 submits, upon instruction that, his clients are no way responsible for constructing the unauthorized structure.

It has further been submitted that the respondent no. 9, Tapan Das has expired.

None represents the Bansberia Municipality, the respondent nos. 4 and 5.

As it appears that there is already a decree passed by the competent Court directing removal of the unauthorized structure, accordingly, the Municipality is duty bound to comply the said direction.

The Chairman of the Municipality is accordingly directed to remove the unauthorized structure, description of which is appearing in the decree passed by the learned Court below.

Steps shall be taken in the matter at the earliest but positively within August 31, 2023.

The name of Mr. Tapan Das, the respondent no. 9 stands expunged from the cause title of the writ petition.

List on September 6, 2023 to ascertain the compliance of the direction passed hereinabove.

Learned advocate for the petitioner is directed to forward a copy of the judgment and decree passed in Title Suit No. 117 of 1999 to the aforesaid respondent at the time of communicating the order of the Court.

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.)