Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition has alleged that Howrah Zilla Parishad has not taken necessary action in spite of his complaint that the eighth and ninth respondents have erected unauthorised constructions.
(2.) The Zilla Parishad has filed an opposition stating in para 6 thereof that after making enquiry it detected that using the lands in question the eighth and ninth respondents erected unauthorised constructions. After hearing parties it has given a decision dated April 29, 2009 that in view of pendency of a civil suit to which it is a party the question whether the constructions should be demolished should be kept in abeyance till the decision of the Civil Court.
(3.) It is submitted that the eighth and ninth respondents could erect the offending constructions only after obtaining necessary permission from the Zilla Parishad according to the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979, sections 45, 46.;