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T. AMARNATH GOUD
Rahul Dey – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
T. Amarnath Goud, J. - The writ petitioner has approached this Court with a prayer to issue a writ in the nature of Mandamus and/or any other direction or directions and/or order or orders of like nature directing the respondents to implement the Order of demolition of the unauthorized building, dated, 23.08.2021 and 29.01.2021 issued by the Assistant Municipal Commissioner, Central Zone AMC.
2. The case of the writ petitioner is that he has prayed for necessary direction upon the respondents No. 1 to 4 to demolish the unauthorized and illegal structure of the respondent No. 5 as per the orders dated 23.08.2021 and 29.01.2021 issued by the Assistant Municipal Commissioner, Central Zone, AMC.
3. The petitioner earlier filed WP(C) No. 504 of 2020, before the Court of the then Chief Justice, High Court of Tripura, Mr. Akil Kureshi objecting to the construction of a building which has been started by the respondent No. 5. This Court vide order dated 10.12.2020 disposed of the said writ petition by directing the AMC to complete the proceeding for removal/demolition of the construction. This Court further directed that respondent No. 5, shall not carry out any construction without
Writ jurisdiction is inappropriate for private civil disputes when effective remedies exist; courts must not intervene in unauthorized construction issues without established legal basis.
Petitioners cannot invoke Article 226 for unauthorized construction disputes when no legitimate rights are affected; civil remedies suffice.
Municipal authorities have a duty to enforce laws against unauthorized constructions, and civil court orders do not impede their obligation to act.
The court emphasized the obligation of the 2nd respondent to take action against unauthorised construction under the Tamil Nadu District Municipality Act, 1920.
The court mandated the BMC to fulfill its statutory duties by demolishing illegal constructions, emphasizing accountability and prompt action against unauthorized developments.
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