LAWS(CAL)-2016-5-48

NURUL AMIN Vs. STATE OF WEST BENGAL

Decided On May 26, 2016
NURUL AMIN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Writ petitioners' complaint in this proceeding is against unauthorised construction being made on a plot of land on which they reside. The complaint is actually directed against respondent nos. 7 to 12. It is admitted position that the respondent nos.7 & 8 are related to the petitioners whereas respondent nos.9 to 12 as per the petitioners, are land developers.

(2.) An earlier writ petition was moved on broadly similar complaint by one Nurul Hoque, who is the younger brother of the writ petitioners. The said writ petition, registered as W.P. 794 of 2014 was disposed of by a Coordinate Bench with a direction upon the Kolkata Municipal Corporation to conduct an enquiry with regard to the allegations of illegal construction. It was also directed in that order that if it was found that some construction was found to be illegal, in that event the respondent Corporation would take immediate measures in accordance with law to demolish the illegal structure. Before me, the learned Counsel for the petitioners submits that the younger brother, Nurul Hoque is now residing with respondent nos.7 & 8 and the illegal construction is still continuing.

(3.) Learned Counsel for the Kolkata Municipal Corporation submits that in pursuance of the earlier direction of this Court, stop work notice has been issued and demolition proceeding has been started and hearing on that notice has been fixed today itself.