FIROJ ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A Councillor of Suri Municipality and an owner of a Stall in Commercial Complex II of Suri Municipality have filed this writ petition for commanding the Respondent/Municipality not to give any effect to the resolution of the Board of Councillors of the said Municipality dated 28th July, 1998 for construction of new stalls at Suri Masjid Bari More (four point junction at Suri Police Station) and at the side of the road on the outer boundary limit of market complex No. 2 near Suri Bus Stand. The said resolution was taken by a majority decision of the Board of Councillors while the petitioner No. 1 objected to such proposal. This writ petition was moved as the Respondent/Municipality published in a local daily on 5th August, 1998 a notification dated 4th August, 1990 inviting applications for allotment of such stalls which will be constructed in the places as above pursuant to the said resolution. It may be stated herewith that it was decided by the said resolution that in all 16 shop rooms comprising 8 shop rooms in each floor will be constructed at Suri Masjid Bari More and 18 stalls will be constructed along with Eastern Side of the road on the outer boundary limit of market complex No. II near Suri Bus Stand.

(2.) Initially this writ petition was moved as a public interest litigation before the Division Bench of this Court. By an order dated 24th September, 1998 and interim order was passed to the effect that if any, construction is carried on, the same may not encroach the road or may not violate the building rules and if the stalls are constructed the same may not be allotted without the approval of the Court. Thereafter by an order dated 1-2-1999 the Division Bench of this Court sent the matter back to the regular single Bench with the following observations :-

(3.) This Court further upon consideration of the matter by an order dated 26th February, 1999 passed an interim order directing the Respondent/Suri Municipality not to make any construction by encroaching upon any road and/or in violation of the building rules and at the same time the Respondent/Municipality was restrained from constructing the stalls in question pending hearing of the writ petition.