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IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK
Palas Das – Appellant
Versus
Serampore Municipality – Respondent
JUDGMENT :
BIVAS PATTANAYAK, J.
1. In the writ petition being WPA 10868 of 2023 (in short WP-I) the petitioner seeks as follows:
(i) Direction upon the respondent municipal authorities to take immediate and proper steps as per provisions of section 218 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the "Municipal Act") thereby issuing ‘Stop Work" notice as well as to take further steps for demolition of the illegal and unauthorised construction carried on by the private respondents herein;
(ii) Direction upon the respondent municipal authorities to take immediate and proper steps as per provisions of section 217 of the Municipal Act, for the purpose of cancellation of the sanctioned building plan issued by the municipal authorities in favour of the private respondents.
2. In writ petition WP-I it is contended by the petitioner that he is a neighbouring resident to the municipal premises No. 12, Ray M.C Lahiri Bahadur Street, Hooghly, PIN-712204 corresponding to L.R Dag no. 8626 & 8627 under R.S Khatian Nos. 1501 & 1502, L.R Dag no. 8492 & 8493 under R.S Khatian Nos. 1618/4, 725/9 and 3955 within Mouza-Chatra (hereinafter referred to as the "subject property") wherein
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
The court upheld the validity of the sanctioned building plan and ruled that the writ petitioner had sufficient standing to maintain the petition despite failing to prove unauthorized construction.
The petitioner has a remedy of appeal and the writ petition is dismissed.
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
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