KAMALAKSHI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) As prayed for, leave granted to the petitioner to amend the cause title so far as it relates to the respondent No. 1. As prayed for, leave granted to the petitioner to add Howrah Zilla Parishad as party respondent. Let the cause title be amended. Since Mrs. Chaudhuri, learned advocate for the respondent Nos. 2, 3 and 4 accepts service of notice on behalf of the added respondent, no further copy of the petition need be served.

(2.) In the writ petition the petitioner has prayed for a direction upon the authorities of the Howrah Zilla Parishad to take steps against the construction raised by the private respondent Nos. 5 and 6 on the ground that it is without sanctioned plan. Yesterday when the matter was taken up, leave was granted to the petitioner to file supplementary affidavit annexing the order dated 21st February, 2012 passed by the District Engineer, Howrah Zilla Parishad, Howrah, the respondent No. 3 directing regularisation of the unauthorised construction on payment of development fees and fine.

(3.) Heard learned advocates for the petitioner and the Howrah Zilla Parishad. There is no dispute, as evident from the order dated 21st February, 2012, that an unauthorised construction has been raised by the private respondent Nos. 5 and 6. However, the issue is whether it can be regularised on payment of fees and/or fine as postulated under Bye Law 15 under Chapter IV of Bye Law 2005 of the Howrah Zilla Parishad. In this regard it is appropriate to set out Bye Law 15 which is as under:--