Petitioner challenged delay in executing demolition order for building deviation. Court directed Municipal Council to complete proceedings under law within eight weeks.
Directing Port Blair Municipal Council to conclude demolition proceedings under law within eight weeks from communication of order.
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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
[ CIRCUIT BENCH AT PORT BLAIR] **
WPA/266/2021
Ujjwal Kumar Bardhan …Petitioner
Vs.
The Superintending Engineer, PBMC and others
… Respondents
Mr. Arul Prasanth, Advocate … for the PBMC November 22, 2021 [SR] Item No.2
It appears from Annexure P-1 to the writ petition that a Provisional Order dated 22nd October, 2020 was issued by the Superintending Engineer, Port Blair Municipal Council wherein it was specifically observed that the construction carried out by one Shri Sameer Biswas is in deviation of the building plan sanctioned by the Council.
The Superintending Engineer exercised powers under section 168(d) of the Andaman and Nicobar Islands (Municipal), Regulation, 1994 read with the Bye-laws and ordered that the violated portion of the building be demolished within thirty days from the date of receipt of the Provisional Order.
The grievance of the petitioner is that the said order of demolition has not been executed till date.
Learned counsel representing Port Blair Municipal Council submits
that the writ petition is pre-mature as final order for demolition is yet to be passed by the authority.
Be that as it may, as it appears that the Provisional Order was passed on 22nd October, 2020 and no steps for demolition has yet been taken, accordingly, the Municipal Council is directed to act strictly in accordance with law to complete the proceeding in question.
Steps shall be taken by the concerned officer of the Port Blair Municipal Council to conclude the proceeding strictly in accordance with law, at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order.
The writ petition being WPA/266/2021 stands disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of usual necessary formalities.
(Amrita Sinha, J.)
1 issue framed by the court
Whether the direction to complete demolition proceedings within eight weeks to comply with provisional order is appropriate
1 provisions across 1 enactments
Ujjwal Kumar Bardhan
The Superintending Engineer
PBMC
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
