LAWS(CAL)-2015-5-34

SUDHIR GOPAL BISWAS Vs. KHARAGPUR MUNICIPALITY

Decided On May 13, 2015
Sudhir Gopal Biswas Appellant
V/S
Kharagpur Municipality Respondents

JUDGEMENT

(1.) Assailing the non-action and the inaction on the part of the respondent authority particularly the respondent no.2 the Municipal Authority to demolish the rest of the unauthorised construction as per the notice of demolition dated 29th January, 2011 at the petitioner's premises in RS Dag No.440, 441 and 434/971 Mouza-Kousallya, Kharagpur, District- Paschim Medinipore 1 petitioner filed the instant writ petition. The petitioner is the co-owner and occupier in the said property. The petitioner had his residential building over the said property also.

(2.) Hence the petitioner filed the present writ petition seeking inter alia direction upon the respondent authorities to demolish the remaining part of the unauthorised construction raised by the private respondents on the petitioner's said properties.

(3.) Mr. Prabal Mukherjee, learned Senior Counsel appearing for the petitioner submitted that the respondent authorities in connivance with the private respondents motivatedly, arbitrarily and deliberately failed to demolish remaining undemolished unauthorised construction raised by the private respondents in the petitioner's properties for reason best known to all.