SUBRATA SAHA Vs. MUNICIPAL COMMISSIONER, AGARTALA MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned senior counsel assisted by Ms. R. Chakraborty, learned counsel appearing for the petitioners and also heard Mr. A. Bhowmik, learned counsel appearing for the respondents No. 1 and 2 and Mr. P.K. Biswas, learned senior counsel along with Mr. S. Bhattacharjee, learned counsel appearing for the respondent No. 3

(2.) The case of the petitioner is that he is the permanent resident of Banamalipur, Agartala. The father of the respondent No. 3 had constructed the said building as per the approved plan in the year 1983. Later on, new construction was taken up by the respondent No. 3 in terms of the approved plan dtd. 30/4/2016. The petitioner has contended that there is serious deviation in construction from the approved plan issued by Agartala Municipal Corporation (AMC) and the petitioner is interested to get the property of the unofficial respondent demolished.

(3.) There were two rounds of litigations between the parties before this court being WP(C) 371/2018 disposed of vide order dtd. 27/11/2018 and WP(C) 196/2019 disposed of vide order dtd. 20/6/2019. In pursuance of the said litigations, the respondents AMC also issued the order of demolition but the respondent No. 3 has not demolished the unauthorized construction. Since the respondents AMC is not taking any action on the respondent No. 3 and not implementing the Court orders, the present writ petition has been filed.