- (1.) Assailing the non-action and the inaction on the part of the respondent authority particularly the respondent no.2 the Municipal Authority to demolish the rest of the unauthorised construction as per the notice of demolition dated 29th January, 2011 at the petitioner's premises in RS Dag No.440, 441 and 434/971 Mouza-Kousallya, Kharagpur, District- Paschim Medinipore 1 petitioner filed the instant writ petition. The petitioner is the co-owner and occupier in the said property. The petitioner had his residential building over the said property also. Since the said properties of the petitioner are adjacent to the Orissa Trunk Road at Kharagpur the authorities had demolished the residential building of the petitioner being on the road side for the purpose of clearance of space for the Orissa Trunk Road. After such demolition conducted by the Municipal Authority the portion of the said properties on the roadside remained vacant, as a result of which the private respondent illegally entered into the said vacant portion and occupied the said vacant portion of the petitioner's property and started making illegal and unauthorised construction over the said property without obtaining any sanction plan from the authority and without obtaining consent from the petitioner. When the petitioner came to learn about such illegal and unthorised construction made by the private respondents on the vacant portion of the petitioner's property then and then the petitioner lodged complaint on 4th October, 2010 to the respondent no.2, chairman, Kharagpur Municipality and respondent no.5, Chairman, Midnapore, Kharagpur Development Authority inter alia requesting their offices to take necessary action against the wrong doers and to immediately stop the illegal construction and demolish the same. After receiving the said complaint the Chairman, Kharagpur Municipality issued a notice on 5th October, 2010 under Section 304 read with Sections 440, 441 and 434 of the West Bengal Municipal Act, 1993 to the private respondent no.7, 8, 9 and 11 inter alia directing to immediately stop the illegal construction and show cause within seven days from the date of receipt of this notice why necessary action will not be taken against them under the appropriate sections of the West Bengal Municipal Act, 1993. In spite of receiving such notice the private respondents did not stop the illegal construction in the petitioner's vacant plot therefore, the Municipal Authority again on 29th January, 2011 issued another notice to the private respondents inter alia informing them that the illegal construction raised by them shall be demolished by the Municipality on 7th February, 2011. By virtue of the said notice of demolition the respondent Authority demolished some portion of the illegal construction raised by the private respondents, but, leaving some portion of the such illegal construction undemolished thus causing great prejudice and inconvenience to the petitioner, therefore, the petitioner made a representation dated 12th March, 2011 before the Right to Information Act seeking information as regards the action of the concerned municipality towards demolition of the remaining part of the illegal and unauthorised construction raised by the private respondents on the petitioner's said property. Thereafter vide a letter dated 5th April, 2011 RTI informed that the said Municipal Authority have demolished 70 per cent of the unauthorised construction on the said properties on 7th February, 2011 on the basis of the resolution no.1 of the Board of Councilors' meeting dated 25th November, 2010.
(2.) Hence the petitioner filed the present writ petition seeking inter alia direction upon the respondent authorities to demolish the remaining part of the unauthorised construction raised by the private respondents on the petitioner's said properties.
(3.) Mr. Prabal Mukherjee, learned Senior Counsel appearing for the petitioner submitted that the respondent authorities in connivance with the private respondents motivatedly, arbitrarily and deliberately failed to demolish remaining undemolished unauthorised construction raised by the private respondents in the petitioner's properties for reason best known to all.;