PRASANTA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants/writ petitioners are aggrieved by and dissatisfied with the order dtd. 16/3/2022, delivered by the Learned Single Bench in W.P.A. No.4408 of 2022 (Sri Prasanta Mondal and Anr. Vs. The State of West Bengal and Ors.) and thus have preferred this appeal being M.A.T No.434/2022 challenging the same.

(2.) Learned Single Bench vide its order dtd. 16/3/2022, has been pleased to dismiss appellant's writ petition as mentioned above. Appellants/writ petitioners had prayed therein for quashing the order of demolition of construction issued by respondent No.3, dtd. 4/3/2022 of the third and fourth floors of the appellant's abode.

(3.) Bereft of any unnecessary details, the factual background of the case may be narrated in a nutshell that the appellants/writ petitioners are the joint owners of premises No.14/2 Khagendra Nath Ganguly Lane, P.S:Golabari, Dist: Howrah, Pin Code No:711106. They got a plan of building sanctioned by respondent No.3/ Kolkata Municipal Corporation, for construction of a G+2 building in the said premises. However, at the material point of time, the respondent No.3 notified them about the unauthorised and illegal construction of 3rd and 4th floors in the said premises, which it says to be dehors the sanction of the competent authority, i.e, itself. Thereafter series of litigations went on between the parties, by which the appellants/writ petitioners ventured to get a court's order to quash the said demolition notice(s) by the respondent No.3, the present one being fourth of those, according to the serial. On earlier occasions the appellants could succeed in their endeavour, as the demolition order(s) issued by respondent No.3 were set aside by court and directions were issued to afford opportunity to the appellants for hearing. Appellants were afforded such opportunity and ultimately the respondent No.3, stood firm on its stand of considering the 3rd and 4th floors of the said building to be an unauthorised construction, dehors the sanctioned plan with respect to the said premises. This prompted respondent No.3 to issue demolition order dtd. 4/3/2022, which was challenged in the writ petition, before Learned Single Bench being W.P.A No.4408 of 2022. However, appellant's challenge to the impugned order, as above, was set at naught by the Learned Single Bench upon elaborate discussion of the factual aspects being intertwined with the law as prevailing and their prayer was disallowed.