GAUTAM SAHA Vs. AGARTALA MUNICIPAL COUNCIL

JUDGEMENT

(1.) HEARD Mr. S.M. Chakraborty, learned senior counsel appearing for the petitioners as well as Mr. A. Ghosh, learned counsel appearing for the respondents -Agartala Municipal Council, now Agartala Municipal Corporation and its officer.

(2.) BY means of this writ petition, the petitioners have challenged the legality of the order dated 01.10.2008, Annexure -8 to the writ petition, whereby the Agartala Municipal Council, now Agartala Municipal Corporation had directed the petitioner and others to remove the illegal construction as indicated within 15(fifteen) days from the date of receipt of the order under intimation, failing which, the Agartala Municipal Council shall proceed to remove the said illegal construction at the cost of the petitioner and others. It has been further asserted in the said order that during removal, if any damage is sustained, the Agartala Municipal Council will not take any responsibility for such damage.

(3.) MR . Ghosh, learned counsel appearing for the Agartala Municipal Corporation -respondents, has submitted that the contention of Mr. Chakraborty, learned senior counsel cannot be tenable in view of the order dated 01.10.2008, where it has been categorically mentioned that the appeal of the petitioners was dismissed. Thereafter, the said action as contemplated by the order dated 01.10.2008 has been sought to be pursued by the Agartala Municipal Corporation.