M/L 64 v. Bidhannagar Municipal Corporation & Ors.
Case at a glance
- Bench
- RAJA BASU CHOWDHURY
Outcome
Disposed of
writ petition is disposed of
Provisions considered
Key paragraphs
- Para 66. With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)
Judgment
Mr. Goutam Misra Mr. Vaskar Pal … For the petitioner. Mr. Sirsanya Bandopadhyay Mr. Tirthankar Dey Mr. Arka Kumar Nag … For Bidhannagar Municipal Corporation
Affidavit of service filed in Court is taken on record. Despite service, the private respondents are not represented.
Complaining illegal construction at the behest of the private respondents and the failure on the part of the municipal authorities to take appropriate steps, the instant writ petition has been filed.
Learned advocate representing the municipality would, however, submit, on instruction, that on the basis of the complaint made by the petitioner on 25th November, 2024, steps have already been taken by the municipal authorities and the complaint is being enquired into. Although, the learned advocate for the municipality could not enlighten this Court as regards the outcome of such enquiry, I am of the view, instead of keeping the writ petition pending it would be appropriate to direct the municipal authorities to decide on the petitioner’s WPA 632 of 2025 2 complaint, if the same has not been disposed of, by giving an opportunity of hearing to all concerned and by passing a reasoned order.
If, on the basis of the petitioner’s complaint, the municipal authorities find that any illegal construction has come up, appropriate steps should be taken under Section 266 of the West Bengal Municipal Corporation Act, 2006 and such proceedings must be brought to a logical conclusion.
Needless to note that the order so passed by the municipal authorities shall be supplied to the parties.
Operative part
With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: writ petition is disposed of
Which statutory provisions did this judgment involve?
West Bengal Municipal Corporation Act, 2006 — s. 266.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.