MARAN CHANDRA SHIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On the basis of a complaint regarding unauthorised construction alleged to have been made by the private respondent at his premises lying in holding No. 286 in Ward No. 30 under Panihati Municipality, the Municipal authority served the impugned notice upon the private respondent No. 6 asking him to stop further constructional work in the said premises and to demolish the illegal construction immediately pending further proceedings under law. The petitioner now complains that even after service of such notice, the private respondent No. 6 has not stopped the constructional work in the said premises. The private respondent No. 6 has also not demolished the illegal construction in the said premises.

(2.) Even then, the Municipal authority has not taken any further step for demolition of the illegal construction alleged to have been raised by the private respondent No. 6 in the said premises. Accordingly, the petitioner has come before this Court with this writ petition seeking issuance of direction upon the Municipal authority to take immediate steps for demolition of such unauthorised construction, After hearing the learned advocates of the parties and after considering the materials on record, this Court feels that since the Municipal authority has not passed the said demolition order in accordance with the provision contained in section 218 of the West Bengal Municipal Act, 1993, the direction which was given by the Municipal authority upon the private respondent No. 6 to demolish the construction alleged to have been made by the private respondent No. 6 illegally, cannot be enforced. Accordingly, this part of the impugned notice cannot be implemented.

(3.) However since an allegation of unauthorised construction is made and the stop work notice has also been issued on the basis of such an allegation for raising illegal construction by the private respondent therein, this Court disposes of this writ petition by directing the Municipal authority to initiate a demolition proceeding under section 218 of the West Bengal Municipal Act, 1993 and conclude the same by passing a reasoned order after giving a reasonable opportunity of hearing to the petitioner as well as the private respondent No. 6 positively within a period of twelve weeks from the date of communication of this order.