Partly allowed

Col Dr Sunanda Majumdar v. the Chairman, Board of Admin., Bidhannagar Municipal Corp and Ors.

Calcutta HC12 Mar 2021WPA/3131/2021

Case brief

AI extract

What is this about?

In this writ petition concerning alleged illegal construction by respondents, the Court disposed of the matter by directing the Executive Engineer to consider the petitioner's representation within eight weeks with an opportunity of hearing. The Court restrained further construction until the response to the complaint is finalized.

What did the court decide?

The Executive Engineer was directed to consider the petitioner's representation within eight weeks; private respondents restrained from further construction until the corporation passes an order on th

Col Dr Sunanda Majumdar Vs the Chairman, Board of… — Landlord and Tenant | Calcutta HC (2021)

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S/L 23 12.03.2021 Court No.24 SB

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WPA 3131 of 2021 (Via Video Conference)

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Col. (Dr.) Sunanda Majumdar (Retd.) Vs.

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The Chairman, Board of Administrators, Bidhannagar Municipal Corporation and Ors.

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Mr. Suddhasatva Banerjee Mr. Ratul Das Mr. Suvrodeep Banerjee Mr. Pourush Bandyopadhyay

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… for the Petitioner.

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Mr. Debajyoti Deb Ms. Rupsha Bhowmik

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…for the Respondent No.4.

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Mr. Debobrata Saha Roy Mr. Arka Kumar Nag Mr. Subhankar Das

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… for the Bidhannagar Municipal Corporation.

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Affidavit of service filed in court today be kept with the record.

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The petitioner alleges illegal and unauthorized construction by the private respondents by making extensions on several window sills. On receipt of the complaint filed by the petitioner a notice was served upon the private respondents. The Bidhannagar Municipal Corporation directed the private respondents to justify the alleged construction in the said plot and submit self-attested photocopy and documents in support of such construction within a specified time.

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The Executive Engineer of the Bidhannagar Municipal Corporation by the said communication dated 12^th February, 2021 instructed the private respondents not to carry out any further construction, in the said plot, till a decision is taken by them on receipt of the documents from him.

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The private respondents submit that pursuant to the communication made by the Executive Engineer of the Bidhannagar Municipal Corporation necessary documents have been forwarded to the Corporation. The Corporation has not yet passed any order in response to the complaint lodged by the petitioner.

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The learned advocate appearing for the Bidhannagar Municipal Corporation submits that he does not have any instruction in the matter.

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As it appears that the Bidhannagar Municipal Corporation has already initiated steps in response to the complaint filed by the petitioner, accordingly, the instant writ petition is disposed of by directing the respondent no. 3 being the Executive Engineer, Building Plan Department, Bidhannagar Municipal Corporation to take necessary steps for consideration of the representation filed by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to the petitioner and the private respondents herein and to pass necessary order within a period of

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eight weeks from the date of communication of the copy of this order.

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Till a decision is taken by the Bidhannagar Municipal Corporation, the private respondents are restrained from carrying on any further construction in the said plot of land.

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It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

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The communication of the Executive Engineer, Bidhannagar Municipal Corporation dated 12^th February, 2021, submitted by the Ld. Advocate for the private respondents, is retained with the records.

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The petitioner is directed to forward the representation dated 4^th January, 2021 made on his behalf by his learned advocate at the time of communicating the order of the Court.

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WPA 3131 of 2020 stands disposed of.

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Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

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(Amrita Sinha, J.)

Col Dr Sunanda Majumdar v. the Chairman, Board of Admin., Bidhannagar Municipal Corp and Ors.

Case brief

What is this about?

What did the court decide?

Col Dr Sunanda Majumdar v. the Chairman, Board of Admin., Bidhannagar Municipal Corp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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