Arup Kumar Das vs The State Of West Bengal & Ors
2023 Latest Caselaw 3190 Cal

03.05.2023
Item No. 05
Court No.6.
    S. De
                               M.A.T. 379 of 2023
                                       with
                              I.A. No. CAN/1/2023

                               Arup Kumar Das.
                                      Vs.
                        The State of West Bengal & Ors.

                    Mr. Partha Pratim Roy,
                    Mr. Dyutiman Banerjee,
                                      ...for the appellant.
                    Mr. Sujit Kumar Ghosh,
                    Mr. Soumyajit Bhatta,
                                      ...for the respondent no.9.

Mr. Jahar Dutta, Mr. Bipin Ghosh, ...for the State.

Affidavit-of-service filed in Court today, be kept

with the records.

This appeal is directed against a judgment and

order dated January 10, 2023, whereby the appellant's

writ petition being WPA 23956 of 2019 was dismissed.

The appellant approached the learned Single

Judge alleging that the private respondent in the writ

petition who is also the private respondent in the

appeal, has made unauthorized construction. In so

far as the first floor of the building is concerned,

according to the appellant, the same was raised

without any sanctioned plan. Subsequently, the

Municipality regularized the unauthorized

construction upon payment of fine by the appellant.

However, in the applicable statute there is no power

authorizing the Municipality to regularize a

construction put up without prior permission from the

sanctioning authority. In any event, it is alleged that

there are major deviations from the sanctioned plan.

All these allegations are strongly disputed by

learned advocate for the private respondent. The

presence of the Municipality is necessary to effectually

decide this appeal.

Let notice be served on learned advocate for the

Municipality intimating that this matter will be listed

again on May 10, 2023, when he should make himself

available before this Court.

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