Writ petition concerning relocation of the petitioners' medicine shop during widening of a hospital entrance gate at Arambagh. The Sub-Divisional Officer was directed to consider the petitioners' proposal regarding shop area based on accepted salami and to allot the relocated shop at the earliest.
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S/L 4 18.01.2024 Court No.24 SD
WPA 121 of 2024
Kushal Datta & Anr. Vs.
The State of West Bengal & Ors.
Mr. Pankaj Haldar Mr. Raj Kr. Sain Ms. Ruma Sarkar
… for the Petitioners.
Md. Manuwar Ali Mr. Ritoban Sarkar
… for the State.
Mr. Suddhadev Adak Ms. Richa Pramanik
… for the Arambagh Municipal Corporation.
The proceeding of the meeting held on January 11, 2024 signed by the Sub-Divisional Officer, Arambagh, Hooghly has been placed before this Court. It appears that a spot inspection was conducted in the presence of all the stakeholders including the petitioners. After inspection it was seen that the design of entrance gate of the hospital can be realigned maintaining the guidelines.
It was decided that one of the medicine shops must be demolished to allow the entrance gate of the hospital to be widened for entry and exit of emergency vehicles, patients and medical students. Three shops will be erected by renovation of the two existing shops in the row by the Municipality to accommodate Dutta Medicine and Jogmaya Medicine. The petitioners are the owners of Dutta Medicine.
2
The petitioners rely upon the receipt issued by the Arambagh Municipality on account of acceptance of salami by the Municipality for a stall measuring 13 ft x 10 ft. The petitioners submit that the area of the shop room which will be provided to the petitioners after relocation must be considered keeping in view the area on which salami was accepted by the Municipality.
The Sub-Divisional Officer is directed to consider the proposal of the petitioners at the time of relocation of the existing shop rooms.
The respondents are directed to allot the shop to the petitioners at the earliest so that the petitioners may not suffer in their business.
The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be given to the parties, upon compliance of all formalities, on priority basis.
(Amrita Sinha, J.)
1 issue framed by the court
Whether the relocated shop allotted to the petitioners must match the area for which salami was accepted by the Municipality.
Kushal Datta
The State of West Bengal
Arambagh Municipal Corporation
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
