Nikhil Kr. Singha v. Suri Municipality and Ors.
Case brief
What is this about?
Unauthorized construction; construction without sanction or sanctioned plan; Suri Municipality; West Bengal Municipal Act, 1993; Section 218 demolition; Municipality jurisdiction versus Civil Court; pending civil suit; WPA 13041 of 2023; FMA 1159 of 2024; CAN 1 of 2024; inspection with minutes and sketch map; oral and documentary evidence; deemed service by refusal of postal articles; no order as to costs.
What did the court decide?
Impugned order dated April 19, 2024 passed in WPA 13041 of 2023 set aside; competent authority of Suri Municipality directed to inspect the premises/alleged construction of respondent nos. 4 and 5 with opportunity to all parties to be present, prepare a spot report with minutes and sketch map, furnish its copy to the parties, hear their submissions and documentary/oral evidence, and effect demolition in terms of Section 218 of the West Bengal Municipal Act, 1993 if the construction is found unauthorized; no order as to costs.