PUSPA RANI DEB Vs. KRISHNANAGAR MUNICIPALITY

JUDGEMENT

(1.) The present writ application has been preferred praying for direction upon the respondent no. 2 to take necessary step on the basis of the enquiry report dtd. 31/5/2010 and demolish the unauthorized construction at Mouza:- Sandhya, J.L. No. 97, Plot No.231 and 235, P.S. Kotwali, District: Nadia.

(2.) The petitioner's case in short is that the petitioner has been constructed her residential accommodation at Mouza: Sandhya, J.L. No. 97, Plot No.233 and 234, P.S. Kotwali, District: Nadia after taking building sanction plan from the municipal authority.

(3.) The respondent no. 6, Manju Rudra Biswas wife of late Saroj Kumar Rudra Biswas of 4, Beltalbazar Lane, P.O. Gruni, P.S. Kotwali, District : Nadia, PIN-741103 has started construction in southern side of the petitioner's land in the year 2004 at Mouza: Sandhya, J.L. No. 97, Plot No. 231 and 235, P.S. Kotwali, District Nadia. The petitioner filed a writ petition being W.P. No. 5940(W) of 2004 (Smt. Puspa Rani Deb-versusThe Krishnanagar Municipality), on the basis of sport enquiry was made by Krishnanagar Municipality on 12/5/2010. The enquiry report was submitted stating inter alia that during physical survey and consulting with Mouza Map our Technical staff observed that Manju Rudhra Biswas did not follow the municipal Building Rules and near about 182 Sq.ft. of land belongs to Puspa Dev has already been encroachment from the end of Manju Rudhra Biswas.