Calcutta High Court (Appellete Side)
Smt. Mita Bakshi & Anr vs The Chairman on 1 September, 2023
2.
01-09-2023
(Ct. no.06)
debajyoti
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
APPELLATE SIDE
MAT 1396 of 2023
+
IA NO:CAN/1/2023
Smt. Mita Bakshi & Anr.
Vs.
The Chairman, Serampore Municipality & Ors.
Mr. Sudipta Kumar Bose,
Ms. Lipika Nath
... For the Appellants.
Affidavit-of-Service filed in Court today be taken
on record. It appears therefrom that the respondents
have received notice of this appeal. However, nobody
appears on behalf of the respondents.
The writ petitioners' application being WPA 1181
of 2023 has been dismissed by a learned Single Judge
of this Court by the impugned judgment and order
dated June 13, 2023. Hence, this appeal.
The writ petitioners approached the learned
Single Judge with the grievance that the private
respondents have made illegal and unauthorized
construction on the common passage by putting up
gates, walls and iron grills. This was disputed by the
private respondents. Learned advocate for the
Municipality submitted before the learned Judge that
it is not possible for the Municipality to decide private
disputes between the parties. The learned Judge
dismissed the writ petition with the following
observations:-
" From the submissions made on
behalf of the parties and upon perusal
of the materials on record it appears
that there are several private disputes
in between the parties. The
Municipality will not be the Competent
Authority to decide or adjudicate any
private disputes in between the parties.
It will be open for the aggrieved
party to approach the appropriate civil
forum for declaration of their private
rights."
We have heard learned advocate for the
appellants. Learned Single Judge was perfectly
justified in observing that the Municipality is not the
Competent Authority to decide private disputes
between two neighbours who share a common
passage.
However, it is definitely within the domain of the
Municipality to ensure that no unauthorized
construction is put up by any person within the
territorial jurisdiction of that Municipality.
Accordingly, we grant liberty to the
appellants/writ petitioners to make a fresh
comprehensive representation to the Chairperson of
Serampore Municipality ventilating their grievance
regarding alleged unauthorized construction having
been made by the private respondents. If such a
representation is made within a fortnight from date,
the same shall be disposed of by the Chairperson of
the Municipality, being the respondent no.1 herein, in
accordance with law and the applicable rules and
regulations, by a reasoned order, within a period of
eight weeks from the date of receipt of the
representation, after affording opportunity of hearing
to the appellants/writ petitioners and the private
respondents herein or their authorized representative.
Further necessary action may be taken by the
Municipality depending on the outcome of the
hearing.
We make it clear that the Municipality shall
restrict the exercise only to an enquiry regarding
whether or not any unauthorized/illegal construction
has been made by the private respondents, as alleged
by the appellants herein. In other words, the
Municipality shall find out if the private respondents
have made any construction which requires prior
permission of the Municipality, but for which, no
permission has been obtained by the private
respondents. The Municipality shall not enter into or
decide any private disputes between the parties.
The appeal and the connected application are,
accordingly, disposed of.
All parties shall act on the server copies of this
order duly downloaded from the official website of
this Court.
Urgent photostat certified copies of this order, if
applied for, be supplied to the parties on compliance
of all necessary formalities.
(Arijit Banerjee, J.)
(Apurba Sinha Ray, J.)
