JUDGEMENT
SUBRATA TALUKDAR,J. -
(1.) Party/Parties are represented in the order of their name/names as printed above in the cause title.
(2.) This case has followed fairly a chequered history.
(3.) The issues essentially emanate from alleged unauthorised construction carried out at the building/premises in issue under the Respondents/Naihati Municipality (for short the Municipality). By order dated 31st August, 2009 in W.P. 14604 (W) of 2009 with W.P.15321 (W) of 2009 a Hon'ble Single Bench of this Court was pleased to, inter alia, hold as follows:
"Accordingly, in disposing of both the present writ petitions, being W.P.14604 (W) of 2009 and W.P. 15321(W) of 2009, direction is given to the Board of Councillors of Naihati Municipality to initiate a fresh proceedings to decide the question as to whether any unauthorized construction has been made by the private respondents as well as by the Developer. Proceedings is required to be completed within a period of two months from the date of communication of this order in the event there being any unauthorized construction, appropriate order should be made for having the portion dismantled. Such proceedings is to be undertaken affording reasonable opportunity to the Developers as well as to the private respondents to vindicate their respective stands. Decision so taken is to be communicated to them.
No order of demolition is to be issued till the completion of hearing by the Board of Councillors. The earlier order of demolition shall be given effect to. In the event of any unauthorized construction, the writ petitioners will be entitled to deposit the required sanction fee for having the unauthorized construction dismantled.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.