RAMESH CHANDRA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred by the writ petitioner challenging the order dated 3rd April, 2012 passed in WP No.3577 (W) of 2012, by which Learned Single Judge dismissed the writ petition with cost assessed at 100 GM.

(2.) The backdrop of the case made out by the appellant/writ petitioner is as follows: The appellant acquired right, title and interest in 64 decimals of land appertaining to plot nos.6048, 6049 and 6050, Khatian no.1951, J. L. No.13 of Mouza Rekjuani, Police Station Rajarhat from one Sahidul Ostagar under registered sale deed dated 20.06.1986. The appellant obtained permission from the Pradhan of Rajarhat Bishnupur, No.1 Gram Panchayat on 11.08.2009 for construction of double storied residential building covering an area of 1500 sq. ft. on plot no.6049. It is contended on behalf of the appellant that the appellant constructed 1st floor of the building on plot no.6049 as per plan sanctioned by the Gram Panchayat. On 22.12.2011 the respondent no.2, New Town Kolkata Development Authority issued one notice to the appellant under Section 82 of the New Town Kolkata Development Authority Act, 2007, calling upon the appellant to appear before the said authority on 5th January, 2012 to show cause why the unauthorised construction made by the appellant would not be demolished. On 06.01.2012 the appellant submitted an application before the respondent no.2, New Town Kolkata Development Authority for regularisation of the plan sanctioned by the Gram Panchayat. However, on 09.02.2012 the respondent no.2, New Town Kolkata Development Authority did not accept the contention made by the appellant and found that the building was constructed by the appellant in contravention of the provisions of the New Town Kolkata Development Act, 2007 and as such directed the appellant to demolish the said building of the appellant within 15 days from the date of the notice to the satisfaction of the said authority, in default the said authority would demolish the said structure.

(3.) The appellant challenged the order of demolition of the building issued by the respondent no.2, New Town Kolkata Development Authority on 09.02.2012 as illegal by preferring the writ petition before Learned Single Judge. Learned Single Judge did not accept the contention made on behalf of the appellant and dismissed the writ petition on 03.04.2012. The said order of dismissal of the writ petition is under challenge by way of appeal before this Court. On 17.04.2012 the building of the appellant was demolished by force by the officers of the respondent no.2 with the help of the police. With the leave of the appellate court the appellant amended the pleading of the writ petition by incorporating the fact of demolition of the building by the respondent no.2 on17.04.2012 and challenged the action of the respondent no.2 as illegal, mala fide and without jurisdiction.