GOPAL DEY Vs. GHATAL MUNICIPALITY AND OTHERS

JUDGEMENT

(1.) Affidavit of service filed today be kept on record.

(2.) Despite service of notice none appears on behalf of the Ghatal Municipality, the respondent no.1.

(3.) In the writ petition the petitioner has prayed for a direction upon the respondents, particularly on the Ghatal Municipality, the respondent no.1, to take steps against the construction raised in the adjacent plot by the respondent nos. 3 and 4 stated to have been done illegally and unauthorisedly. It has been alleged that the respondent no.1 had sanctioned the plan in favour of the respondent nos. 3 and 4 on 10th December, 2011 without considering the provisions contained in the West Bengal Municipal (Building) Rules, 1996. Allegation is that the private respondents had constructed a pillar just adjacent to the house of the petitioner without leaving the mandatory space in between the two buildings. It has been submitted that after filing of an application under section 144 of the Code of Criminal Procedure, the Chair-person of the Ghatal Municipality had issued a stop work notice which was valid till 20th January, 2012. Submission is that in the said proceedings the Officer-in-Charge, Ghatal Police Station, the respondent no.2, had filed a report indicating that the construction has been raised without leaving any space. Reliance has also been placed on the order dated 20th January, 2012 passed in the said proceedings under section 144 of the Code.