CALCUTTA HIGH COURT
GAURANG KANTH, J
SK SADEK – Appellant
Versus
THE STATE OF WEST BENGAL & ORS. – Respondent
….......…………for the KMC JUDGMENT Gaurang Kanth, J. :-
1. The petitioner has filed the present writ petition being aggrieved by the inaction of the respondent authorities in failing to initiate or take effective and timely steps to halt or demolish an unauthorized construction allegedly undertaken by the private respondent on a plot situated at Mouza–Jalalkhabar, J.L. No. 310, Dag No. 301.
2. Despite repeated complaints, the respondent authorities have not taken any steps either to stop the unauthorized construction or to demolish the same.
Pursuant to the direction of this Hon’ble Court, the respondent municipality has submitted a report, which categorically admits that the private respondent has raised construction in violation of the provisions of the Pradhan Mantri Awas Yojana (PMAY) Scheme. It is further stated in the report that a demolition notice under Section 218 of the West Bengal Municipal Act, 1993 was issued on 13.07.2021, directing the private respondent to remove the unauthorized structure within seven days, failing which the municipality would proceed with the demolition at the violator’s cost.
3. The municipality has also admitted that the private respondent had encro
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