The Court held that a 'Stop Work' notice issuing without specifying premises details cannot be sustained in law due to non-application of mind. The notice was set aside, but a fresh notice can be issued following natural justice.
The impugned 'Stop Work' notice issued by the North Barrackpore Municipality dated September 7, 2021, is set aside.
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05.10.2021 Court No. 19 Item no.05 CP
WPA 15856 of 2021
Sri. Kali Pada Ghosh Vs. The State of West Bengal & Ors.
Mr. Achyut Basu Ms. S. Basu Ms. Punam Basu Mr. Srikumar Chakraborty
… for the Petitioners.
Mr. Jishnu Chowdhury Ms. A. P. Moulick ….for the respondents 1, 6 & 7.
Mr. Subhabrata Das Mr. Mrinal Kanti Das Mr. Kartick Goyal
…for the respondents 2,3,4 & 5.
The petitioner has alleged that the ‘Stop Work’ notice issued to the petitioner dated September 7, 2021 was vague and without specification. The said notice was issued by the Chairman, North Barrackpore Municipality.
The court is in agreement with the petitioner to the extent that the notice cannot be sustained in law in the absence of the details of the premises. The same suffers from non-application of mind and was signed by the Chairman in a mechanical manner.
However, whether there has been any unauthorized construction or whether the petitioner
2
is carrying on construction in violation of the sanction plan is not to be decided in this proceeding. If any proceeding is initiated by the North Barrackpore Municipality under the provisions of law, then the municipality must take all steps to ensure that principles of natural justice are followed and no step should be taken and/or no inspection should be held without due notice to the petitioner as also the complainant.
The impugned notice is set aside.
Liberty is granted to the North Barrackpore Municipality to proceed strictly in accordance with law. Fresh stop work notice may be issued if in the opinion of the municipality any unauthorized construction has been going on.
This writ petition is, thus, disposed of. There will be, however, no order as to costs.
All parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)
2 issues framed by the court
Whether the 'Stop Work' notice issued by the Municipality lacking premises details is sustainable in law.
What conditions must be followed if the Municipality initiates proceedings under relevant provisions of law regarding construction.
2 provisions across 2 enactments
Kali Pada Ghosh
The State of West Bengal
The North Barrackpore Municipality
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
