Palash Chandra Das vs State Of West Bengal & Ors
2024 Latest Caselaw 3992 Cal

Calcutta High Court (Appellete Side)

Palash Chandra Das vs State Of West Bengal & Ors on 6 August, 2024

Author: Joymalya Bagchi

Bench: Joymalya Bagchi

Sl. No. 19




                IN THE HIGH COURT AT CALCUTTA
                    CIVIL APPELLATE JURISDICTION
                           APPELLATE SIDE
Present:
The Hon'ble Justice Joymalya Bagchi
                And
The Hon'ble Justice Gaurang Kanth


                            M.A.T. 1431 of 2024
                             (CAN 1 of 2024)

                           Palash Chandra Das
                                   -Vs-
                        State of West Bengal & Ors.


For the Appellant       :    Mr. Biswajit Hazra, Adv.
                             Mr. Archisman Sain, Adv.


For Respondent nos.     :    Mr. Usof Ali Dewan, Adv.

6 to 9                       Mr. Asif Dewan, Adv.


For Respondent nos.     :    Mr. Uttiya Ray, Adv.
2 to 4                       Mr. Ashutosh Pal, Adv.
(Bolpur Municipality)        Mr. Arnab Mandal, Adv.


For the State           :    Mr. Tapan Coomar Dey, Adv.


Heard on                :    06.08.2024


Judgment on             :    06.08.2024


Joymalya Bagchi, J. :-

1. Appellant has assailed order dated 15.07.2024 whereby the writ

petition was disposed of permitting the writ petitioners to construct a

drain for drainage of waste water from their premises and the

Municipality concerned was directed to grant necessary permission upon

deposit of necessary fees.

2. Learned Advocate for the appellant contends the Hon'ble Single

Judge failed to consider that the proposal to construct the drain was on a

common passage which leads to the appellant's property.

3. Learned Advocate for the respondent nos.6 to 9/writ petitioners

contends construction of the drain would be made in their own premises

and as per sanction plan.

4. We have considered the materials on record. There is no dispute

that the respondent nos.6 to 9/writ petitioners are entitled to construct a

drain in their own premises subject to permission from the Municipality

concerned. However, such construction cannot be made on a public land

or private property or on any common passage over which a third party

has a right of easement. Prior to grant of sanction for constructing a

drain in the premises of respondent nos.6 to 9/writ petitioners,

Municipality concerned must bear in mind whether outflow of water from

the drain would adversely affect public use of any pathway and/or other

common amenities. Municipality should also ensure that the said

construction is in sync with the sewerage works of the Municipality

concerned.

5. The order impugned is modified to the aforesaid extent.

6. Appeal and connected application being CAN 1 of 2024 are thus

disposed of.

7. There shall be no order as to costs.

8. Photostat certified copy of this judgment, if applied for, be given to

the parties on compliance of all formalities.

I agree.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)

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