RUKHSANA HAMID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The demolition order dtd. 4/3/2024 having Memo No. 3049/(12)/PW/Eng/24 passed by the Superintending Engineer, Asanasol Municipal Corporation in connection with demolition of a certain portion of the Nuruddin House having JL No. 20, Mouza Asanasol Municipality is in consideration in both these matters. In WPA 20449/2024, the Petitioner is challenging the said demolition order where as in 18238/2024, the Petitioner is seeking the implementation of the said demolition order.

(2.) The Petitioner claims to be one of the co-sharers of the premises in question. Her case is that one Nuruddin Mistry was the original owner of certain plots of land situated under Mouza- Asansol Municipality, JL No. 20, recorded in Khatian Nos. 8860, 8861, 8862, 13588, 13589, 10793, 10794, 10795, 10796, 10797, 10798, 8866, 8867, 8869, 8870, 8871, 8873-8877, 22250, 22242, 22256, 22255, 22251, 22241, 22243, 22252, and 22254. The Petitioner is one of the successors-in-interest of the late Shri Nuruddin Mistry. Nuruddin House is constructed over the said property. After the death of Nuruddin Mistry, a partition suit, being Title Suit No. 92 of 2023, was instituted and is presently pending before the Court of the Civil Judge, Senior Division, Asansol, among the legal heirs of the said late Nuruddin Mistry.

(3.) The Petitioner in WPA No. 18238 of 2024 (Rukhsana Hamid), contends that private respondents Nos. 6 and 7, namely Abdulla Zakaria and Sulaiman Zakaria, commenced unauthorised construction over a portion of the aforesaid property without obtaining any valid sanctioned building plan. Accordingly, she lodged a complaint dtd. 29/12/2023 before the Mayor, Asansol Municipal Corporation. Pursuant to the said complaint, officials of the Respondent Municipality carried out a spot inspection and issued a "work stop" notice dtd. 9/1/2024 against the said private respondents.