Jogesh Parik Vs Siliguri Municipal Corporation and Ors. — Calcutta HC (2024) — LawSathi Research

Jogesh Parik Vs Siliguri Municipal Corporation and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without any order as to costs, with operative directions: the final demolition notice dated 22nd January 2024 to be given effect to forthwith; I/C, Pradhannagore Police Station (added as party respondent) to ensure adequate police assistance; Municipal Commissioner to notify the police of the date and time; demolition process to be completed within six weeks from communication of the order; Municipal Authorities to file a report on execution of the demolition before the Learned Registrar of the Circuit Bench within 10 (Ten) weeks.

Issue for consideration

Whether the final demolition notice/direction dated 22nd January 2024 issued by the Siliguri Municipal Corporation against the unauthorised construction adjacent to the petitioner's premises ought to be enforced (given effect to). +1 more

Court's answer

Having regard to the fact that the final demolition notice has already been issued and has not been complied with by the illegal occupant, Sri Saumitra Debnath, the final direction issued by the Siliguri Municipal Corporation dated 22nd January 2024 is to be given effect to forthwith.

Ratio / Principle

The I/C, Pradhannagore Police Station (added as a party respondent) is directed to ensure adequate police assistance to the Municipal Authorities for the demolition; the Municipal Commissioner is to notify the police authorities of the date and time for such assistance in terms of the notice dated 22nd January 2024, and the process is to be completed within six weeks from communication of the order.

Key takeaways

Observation that it is well settled that illegal construction is a social evil, and that despite steps taken by the Municipal Authorities they could not enforce the order of demolition of the illegal construction.obiter¶21

Detailed headnote1 paragraphs

Calcutta High Court, Circuit Bench at Jalpaiguri (Raja Basu Chowdhury, J.), WPA 837 of 2024, Jogesh Parik v. Siliguri Municipal Corporation & Ors., decided 22.04.2024. The petitioner alleged unauthorised construction at Pati Colony, Road no. 3, Ward no. 47, adjacent to his premises, within Siliguri Municipal Corporation jurisdiction. In earlier WPA 256 of 2024 a Coordinate Bench (order dated 21.02.2024) had called for an affidavit-report; the Municipal Commissioner reported non-compliance by Sri Saumitra Debnath with the notice dated 13.02.2024 and that demolition had stalled because the I/C, Pradhannagore Police Station employed inadequate police personnel. Holding that the final demolition notice dated 22.01.2024 should forthwith be given effect to, the Court added the I/C, Pradhannagore Police Station as a party respondent, directed it to ensure adequate police assistance, required the Municipal Commissioner to notify the police of the date and time, fixed six weeks for completion of the demolition and ten weeks for a compliance report to the Learned Registrar of the Circuit Bench, and disposed of the writ petition without costs, observing that illegal construction is a social evil.

Item no.8 22.04.2024 Saswata

Calcutta High Court In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction

WPA 837 of 2024

Jogesh Parik

-versus

Siliguri Municipal Corporation & Ors .

Mr. Bickey Sharma

…For the Petitioner. Mr. Deborshi Dhar …For the Corporation Mr. Sudhir Kumar Saha

Mr. Deborshi Dhar

…For the State

The instant writ petition has been filed, inter alia, praying for a direction upon the Municipal Authorities to take steps in furtherance with the notice dated 22^nd January 2024.

The petitioner alleges that unauthorized construction had taken place at Pati Colony, Road no. 3, Ward no. 47 within the jurisdiction of Siliguri Municipal Corporation which is adjacent to the petitioner’s premises.

On a previously instituted writ petition which was registered as WPA no. 256 of 2024 a Coordinate Bench of this Court by its order dated 21^st February 2024 had directed the Municipal Authorities to submit a report in the form of affidavit, disclosing the steps taken by them on the basis of the compliant made by the petitioner.

2

Pursuant to the aforesaid order, the Municipal Commissioner had filed a report in the form of an affidavit, wherein it has been stated that despite the notice dated 13^th February 2024, Sri Saumitra Debnath had failed to comply with the same. Although since thereafter, further steps were taken to cause demolition of the unauthorized structure by involving the I/C, Pradhannagore Police Station but the demolition work could not be executed, by reasons of the I/C, Pradhannagore Police Station employing inadequate police personnel.

It is further submitted that the same situation is still continuing and no steps have been taken to demolish the unauthorised construction.

Mr. Dhar, learned advocate appearing for the Corporation submits that they are in the process of taking further steps to enforce the final notice of demolition.

Heard the learned advocates appearing for the respective parties and considered the materials on record. Taking note of the nature of allegations made in the writ petition, I direct the I/C, Pradhannagore Police Station to be added as a party respondent to the instant writ petition. The department is directed to carry out the aforesaid amendment.

3

Mr. Saha, learned advocate appearing for the State accepts service of notice on behalf of the I/C, Pradhannagore Police Station.

It is well settled that illegal construction is a social evil. Despite steps taken by the Municipal Authorities, they could not enforce the order of demolition of the illegal construction.

Having regard to the fact that final demolition notice has already been issued and such notice has not been complied with by the illegal occupant, Sri Saumitra Debnath, I am of the view that the final direction issued by the Siliguri Municipal Corporation dated 22^nd January, 2024 should forthwith be given effect to.

The I/C, Pradhannagore Police Station is directed to ensure adequate police assistance to the Municipal Authorities for the purpose of carrying out the aforesaid demolition work. The Municipal Commissioner is directed to notify the police authorities as regards the date and time, for police assistance for carrying out the demolition of the unauthorised construction in terms of the notice dated 22^nd January, 2024, issued in furtherance to the official note sheet which encloses the sketch plan at page 1 thereof.

4

Let the aforesaid process be completed within a period of six weeks from the date of communication of this order.

The Municipal Authorities are directed to take steps for carrying out demolition proceedings in respect of its final notice dated 22^nd January 2024, and to file a report on the execution of such work before the Learned Registrar of this Circuit Bench within 10 (Ten) weeks from date.

Since, nothing survives in the instant writ petition, WPA no. 837 of 2024 is disposed of without any order as to costs.

Urgent Photostat certified copy of this order, if applied for be given to the parties on priority basis upon completion of requisite formalities.

(Raja Basu Chowdhury, J.)