Rabindra Nath Chakraborty v. Moloy Roy, Chairman, Panihati Municipality
Case at a glance
Provisions considered
Key paragraphs
- Para 66. CPAN 428 of 2023 stands disposed of.
Judgment
Accordingly the Sub Assistant Engineer, Mr. Amitava Sarkar along with some other employees of Panihati Municipality along with police force as rendered by Ghola Police Station went to the spot and demolished the unauthorized portion.” 2
Learned Advocate for the petitioner says that 20% the unauthorized construction has been demolished till date.
Learned Advocate for the alleged contemnor says that the entire unauthorized construction shall be demolished in due course.
We see that a demolition order has been passed by the Municipality in conclusion of the proceedings under Section 218 of the West Bengal Municipal Act, 1993. Therefore, the Municipality is duty bound to carry out its own demolition order and complete demolition of the unauthorized structures in accordance with law at the earliest, subject to the demolition order being interfered with by any competent forum. Subject to the interdiction of any competent forum, we direct completion of the demolition activities within four weeks from the date of communication of this order by the petitioner to the Chairman of the Panihati Municipality.
CPAN 428 of 2023 stands disposed of.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Rai Chattopadhyay, J.) (Arijit Banerjee, J.)
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.