Subhasish Singha and Ors. v. Burdwan Municipality and Ors.
Case brief
What is this about?
Illegal construction; Bardhaman Municipality; demolition order dated 25.11.2011; further illegal construction noticed 30.11.2011; old demolition case file untraceable; fresh proceedings; petitioners' representation dated 30.12.2024; inspection within 7 days on prior notice; reasoned order; Section 218 West Bengal Municipal Act, 1993; proceedings to conclude within 8 weeks of initiation; entire process within 12 weeks; respondent Nos. 6 and 7; photographs pages 78-83; report silent; conduct does not inspire confidence; merits not entered; addition of party; CAN 1 of 2025; sebait; applicant to be heard by municipal authorities; writ petition disposed of; Raja Basu Chowdhury, J.
What did the court decide?
Writ petition disposed of with directions to the municipality: (i) forthwith inspect the locale within 7 days of communication of the order upon prior notice to the parties; (ii) while deciding the petitioners' representation dated 30 December 2024, note any illegal construction noticed in the inspection by a reasoned order; (iii) if illegal construction is noted, initiate proceedings under Section 218 of the West Bengal Municipal Act, 1993 and conclude them expeditiously within 8 weeks of initiation, the entire process to be completed within 12 weeks of communication of the order; (iv) the applicant in CAN 1 of 2025 may also be heard by the municipal authorities while disposing of the representation. CAN 1 of 2025 (addition of party) disposed of with no order passed.