BADAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been preferred against the inaction of the respondents (concerned), Baranagar Municipality, in respect of the allegedly illegal/unauthorized construction being made by the private respondent no. 9 and agents in raising the illegal constructional works towards the eastern side of the petitioner's residence at 18, Ramlal Banerjee Road (Previously known as 151/A, Kashinath Dutta Road), P.S. - Baranagar, Ward No. 25, Kolkata-700 036, without leaving any side space as provided under the West Bengal Municipal Act, 1993 and its Rules, thereby further damaging the property of the petitioner's residential house in violation of law and infringement of fundamental rights.

(2.) At the time of hearing, a report as to the status of the disputed construction has been submitted before this Court by (1) the Baranagar Municipality and (2) by the Inspector-in-Charge, Baranagar Police Station.

(3.) The relevant portion of the reports are reproduced herein for convenience:-