AINUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 24.4.2007 passed by the Chairperson, Bankura Municipality. By the said order, complaint lodged by the petitioners was disposed of in purported compliance with the order passed by Justice Jyotirmay Bhattacharya on 6.11.2006 in W.P. No. 20047(W) of 2006, thereby permitting the private respondents to raise construction in the manner mentioned in it.

(2.) The petitioners along with some others had moved W.P. No. 20047(W) of 2006 raising a grievance that their complaint in relation to unauthorized construction being raised by the private respondents had not been considered by the Bankura Municipality. The said writ petition was disposed of by His Lordship with a direction upon the Municipality to consider the grievance of the petitioners as contained in their complaint by passing a reasoned order after giving a reasonable opportunity of hearing to the petitioners as well as the private respondents within four weeks from date of communication of the said order. The Municipality was permitted to make inspection of the site if necessary upon notice to the parties. The private respondents were restrained from raising any construction until consideration was made by the Municipality in terms of the said order.

(3.) Mr. Chowdhury, learned Counsel appearing for the petitioners has invited the attention of this Court to the order passed by the Chairperson of the Municipality dated 6.12.2006. It appears therefrom that after hearing the petitioners and the private respondents, a request was made by the Chairperson to the private respondents to submit a modified proposed map for constructing on the second and third floors of the existing structure on Plot No. 804. It is the petitioners' grievance that thereafter a modified plan appears to have been submitted by the private respondents which, however, was never supplied to them, and without hearing them on such modified plan allegedly furnished by the private respondents, the order dated 24.4.2007 was passed by the Chairperson. Mr. Chowdhury further submits that this order is in the teeth of the order dated 6.11.2006 passed by this Court wherein it was made clear that the complaint of the petitioners had to be considered and disposed of after giving them reasonable opportunity of hearing. It is his contention that during the period intervening between submission of the modified plan by the private respondents and passing of the impugned order, the petitioners were kept absolutely in the dark and by misusing and abusing her power, the Chairperson has passed the impugned order. He has, accordingly, prayed for stay of operation of the order passed by the Chairperson and for restraining the private respondents from raising construction till disposal of this petition.