S/L 8 v. The State of West Bengal & Ors.

3. The learned Advocate for the writ petitioner supplies a copy of the supplementary affidavit to the learned Advocate for the private respondent No. 6 in Court today.

4. The letter dated NIL written by one Nandadulal Ghosh, Inspector-in-Charge, Lake Town P.S. Bidhannagar Police Commissionerate addressed to learned Government Pleader, High Court at Calcutta is also taken on record.

5. Despite service none appears on behalf of the respondent Nos. 2 to 4, i.e., South Dum Dum Municipality and its officials. 2

6. By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ for consideration of his representation being Annexure P2 (collectively) that is page No. 32 to 58 by the Board of Councilors, South Dum Dum Municipality. It is the grievance of the writ petitioner that the private respondent No. 6 has made an illegal construction without obtaining any sanctioned plan from South Dum Dum Municipality and despite filing several representation the respondent Nos. 2 to 4 remained mum and took no positive action and taking advantage of such situation the private respondent No. 6 went on making such illegal construction further.

7. Drawing attention to the supplementary affidavit as filed on the last occasion it is submitted by learned Advocate for the petitioner that from the annexures to the said supplementary affidavit it would reveal that though several dates have been fixed by the Chairperson of the South Dum Dum Municipality on the basis of the inspection notice but practically nothing has been done. It is further submitted that lastly before the Board of Councilors of the said Municipality hearing took place on November 30, 2023 wherein the writ petitioner has submitted its written notes of argument but as on this date the Board of Councilors of the said Municipality has not taken any decision for removing such illegal construction. 3

8. It is further submitted by learned Advocate for the writ petitioner that the said Municipality is now making an attempt to regularize such illegal construction in the garb of addition or alteration which is not permissible under the Bengal Municipal Act.

9. Per contra, learned Advocate the private respondent No. 6 submits before this Court that no illegal construction has been made by the private respondent. It is further submitted that whatever construction has been made by the private respondent No. 6 is in accordance with the sanctioned plan of the South Dum Dum Municipality.

10. On perusal of the entire materials as placed before this Court it reveals that before the Board of Councilors of the South Dum Dum Municipality, the writ petitioner has made several representation with regard to the alleged illegal construction at the instance of the private respondents. The matter was brought to the notice of the Chairman of the said Municipality. Nothing has been placed on record on behalf of the Municipality that what action has been taken by the said Municipality pursuant to the repeated representation of the writ petitioner.

11. It reveals further that pursuant to inspection a hearing was held before the Board of Councilors of the South Dum Dum Municipality but for some reason or the Board of Councilors of the South Dum Dum Municipality had failed to come to a logical 4 conclusion with regard to the allegation as made by the writ petitioner.

12. In view of such, while disposing the instant writ petition this Court directs the respondent No. 4/the Board of Councilors South Dum Dum Municipality to consider the written notes of argument which is available at page Nos. 33 to 37 of the supplementary affidavit as filed by the writ petitioner as well as Annexure S14 which is available at page Nos. 57 to 61 of the supplementary affidavit in the light of the provisions of the Bengal Municipal Act and to come to a logical conclusion of such representation after giving further opportunity of hearing both to the writ petitioner as well as to the private respondent No. 6 positively within a month the date of communication of this order and to pass a reasoned order thereafter also within a month from the conclusion of further hearing.

13. It is further ordered that the copies of such reasoned order shall have to be forwarded to the writ petitioner and the private respondent No. 6 preferably by email, if the writ petitioner and the private respondent No. 6 supply their email account details to the Board of Councilors of the said Municipality in writing on or before further hearing.

14. It is further made clear that the entire process that is the process of consideration of the aforementioned representation, the hearing, passing of the reasoned order and the communication of the reasoned order 5 shall have to be completed within a period of three months from the date of communication of this order.

15. In view of the aforementioned observation, the writ petition being WPA 14212 of 2023 is disposed of.

16. The writ petitioner, the private respondent No. 6 as well as the Municipality and its Board of Councilors are directed to act on the server copy of this order. (Partha Sarathi Sen, J.) Mr. N. C. Bihani Ms. P. B. Bihani …for the S.D.D.M.

1. After passing of the aforementioned order learned Advocate for the Municipality appeared.

2. In view of the presence of the learned Advocate for the South Dum Dum Municipality, this Court requests the learned Advocate for the Municipality to communicate this order to the Chairman of the South Dum Dum Municipality. (Partha Sarathi Sen, J.)