The main legal point established in the judgment is the importance of adhering to building rules and not permitting unauthorized construction to remain. The court emphasized the need to implement valid demolition orders and prevent the flouting of statutory provisions.

JUDGMENT

Amrita Sinha, J. - The matter is being taken up for consideration as per the direction passed by the Hon'ble Supreme Court of India on 3rd August, 2022 in petition for Special Leave to Appeal (C) No. 13235 of 2022.

2. The said Leave to Appeal was filed challenging the order dated 15th July, 2022 passed by the Hon'ble Division Bench of this Court in MAT 1077 of 2022 (Sabita Nandy -vs- The State of West Bengal & Ors.) affirming the order passed by the learned Single Judge on 11th July, 2022 in WPA 6780 of 2022 (Ganesh Chandra Patra -vs- The State of West Bengal & Ors.).

3. The aforesaid WPA 6780 of 2022 was filed by Ganesh Chandra Patra praying for implementation of the order of demolition of the unauthorised construction dated 9th February, 2018 passed by the Commissioner, Bidhannagar Municipal Corporation ('BMC' for short).

4. The Court, by order dated 11th July, 2022, directed the Corporation to proceed with the demolition scheduled on 12th July, 2022, in accordance with law. Challenging the order passed by the learned Single Judge the petitioner herein i.e. Sabita Nandy preferred appeal before the Hon'ble Division Bench. By order dated 15th July, 2022 the Hon'ble Appeal Court was pleased not to interfere with the order of the learned Single Judge and dismissed the appeal. The Hon'ble Division Bench directed that the Officer-in-Charge of the jurisdictional police station, if approached by the officers of the BMC, shall extend cooperation for implementing the order of demolition.

5. Sabita Nandy challenged the said order before the Hon'ble Supreme Court. Being made aware of the fact that the order of demolition was under challenge in the present writ petition being WPA 15950 of 2022, the Hon'ble Supreme Court was pleased to direct the learned Single Judge to take up the said petition for consideration on merits.

6. The present writ petition being WPA 15950 of 2022 was filed by Sabita Nandy on 18th July, 2022 i.e. after the appeal preferred by Sabita Nandy stood dismissed by the Hon'ble Division Bench on 15th July, 2022.

7. In the present writ petition the petitioner has prayed for a direction upon the BMC to rescind and revoke the order of demolition dated 9th February, 2018 and to rescind and revoke the report prepared by the Executive Engineer of the BMC after physical spot inspection was held on 20th February, 2017.

8. Facts leading to passing the order of demolition by the BMC are as follows:-

A complaint was filed by the respondent no. 5 Ganesh Chandra Patra alleging unauthorised construction made by Sabita Nandy, the petitioner herein, in the premises situated at Mouza - Krishnapur, R.S. Dag No. 3845, Ward No. 26, Kolkata - 700102 under the jurisdiction of BMC. As the objection raised by Ganesh Chandra Patra was not taken up for consideration by BMC, the said Ganesh Chandra Patra filed a writ petition before this Court being WP 2128 (W) of 2014.

9. The said writ petition was heard and disposed of by this Court on 6th March, 2014 directing the Board of Councillors, Rajarhat Gopalpur Municipality, under which the property then fell, to initiate proceedings under Section 218 of the West Bengal Municipal Act, 1993, after giving opportunity of hearing to the petitioner as well as the private respondent Sabita Nandy.

10. Sabita Nandy filed a writ petition before this Court in the year 2017 being WP no. 11956 (W) of 2017 by impleading Ganesh Chandra Patra as respondent and sought for a direction upon the municipal authority to initiate demolition proceeding against the unauthorised construction made by Ganesh Chandra Patra. The said writ petition was heard and disposed of by this Court on 8th November, 2017 directing the respondent authority i.e. BMC to dispose of the representation by passing a reasoned order in accordance with law, after giving reasonable opportunity of hearing to the parties.

11. In compliance of the direction passed by the Court, spot physical inspection of the property of Sabita Nandy was conducted and the Co