Durga Prasad Bhakat v. State of West Bengal and Ors.
Case brief
What is this about?
FMA 1274 of 2024; CAN 1 of 2024; Durga Prasad Bhakat v. The State of West Bengal & Ors.; Burdwan Municipality; West Bengal Municipal Act, 1993 — Section 2(3) ('building') and Section 218; unauthorized/without-sanction construction; permanent vs temporary structure; pukurpar; inspection in presence of parties; demolition after hearing; reasoned order; six-week timeline; impugned order set aside; appeal and connected applications disposed.
What did the court decide?
Appeal and connected applications disposed of; impugned order set aside; fresh inspection of the premises directed in the presence of the parties with the report to be served on them; any portion found unauthorized/without sanction to be demolished per statutory procedure after hearing interested parties, by reasoned order, within six weeks; copy of the order to be served on the private parties.