SOUMITRA PAL,J. - (1.) In the writ petition, the petitioner has alleged that the private-respondents are raising construction without having any sanctioned plan and such construction is being made without leaving statutory space. Submission has been made that though a representation dated 2nd December, 2011 was made before the Chairman, Burdwan Municipality, it has not been considered. Aggrieved, this writ petition has been filed.
(2.) Learned advocate for the private-respondents submits that the allegations are baseless as the authorities of the Burdwan Municipality had granted sanction as evident from the memo dated 1st October, 2011. Further submission is that whether the construction is made on the excess land or not and whether there has been encroachment or not is for the civil court to consider and cannot be decided in a writ petition.
(3.) Having heard the learned advocates for the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the Burdwan Municipality and its Chairman, the respondent nos.2 and 3, to ensure that the construction raised by the private-respondent nos. 6 and 7 is in accordance with the sanctioned plan.;