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2023 Supreme(Cal) 584

AMRITA SINHA
Manoj Kumar Gupta – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kishor Dutta, Sr. Adv. Dr. Navin Barik, Adv. Ms. Esha Acharya, Adv. Mr. Koustav Shome, Adv.
For the Respondent: Mr. Lalit Mohan Mahata, Adv. Mr. Prasanta Behari Mahata, Adv.
Mr. Saptansu Basu, Sr. Adv. Ms. Mrinalini Majumdar, Adv. Mr. Suresh Mitraka, Adv. Mr. Aayush Mitraka, Adv., Mr. Bijay Bikram Das, Adv.

JUDGMENT :

Amrita Sinha, J.

1. The matter relates to the circuit bench at Jalpaiguri. As the bench is currently not in session the same has been filed before the principal bench citing urgency.

2. Facts and points of law being similar in both the writ petitions, the cases are taken up for consideration analogously and are being decided by this common judgment.

3. The petitioners, in both the writ petition, are aggrieved by the order passed by the Commissioner, Siliguri Municipal Corporation (‘SMC’ for short) whereby the authority held that there has been contravention to the sanctioned building plan and the deviations and/or unauthorised constructions have been directed to be demolished.

4. After holding that demolition entails civil consequences, the owners and occupiers have been given notice to meet the Commissioner within thirty days from the date of the order. The deviations and/or unauthorised constructions, as pointed out in the joint inspection report, have been directed to be demolished by the concerned department of SMC after a period of thirty days from 27th February, 2023.

5. The aforesaid order was allegedly passed in compliance of the direction passed by the Hon’ble di

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