SANTA BARMAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-of-service is filed.

(2.) Mr. Debasis Kar, learned advocate appears on behalf of petitioners and submits, unauthorized construction is going on at instance of private respondent. He draws attention to order dated 8th February, 2017 passed by coordinate Bench in disposing of

(3.) W.P. 2354 (W) of 2017(petitioners own case), in which, inter alia, following was said: - "There is a silence on the allegation of the petitioner over the unauthorized and illegal construction already done at the premises in question. It is the Board of Councillors who are the fact finding authority to ascertain whether the construction is unauthorized or illegal and the proceeding so intended cannot be allowed to be used as a tool to get away with the consequences provided in the Act. The Municipality is directed to fix a date for hearing which shall not exceed beyond one week from the date of communication of the order and shall communicate the same to the petitioner as well as the private respondent at least two days before such date. The Board of Councillors are further directed to see that the said proceeding reaches to its logical conclusion within eight weeks therefrom in accordance with law. Nothing in this order shall be construed to have any impact on the merit of the said proceeding, which shall be decided by the Board of Councillors independently in accordance with law."