16.10.

2023
Item No.1
Ct. No.17
S.A.
WPA 11753 of 2023

Panchibala Polley
-vs-
The Bidhannagar Municipal Corporation & Ors.

Mr. Sumitava Chakraborty

Ms. Ipsita Ghosh
Mr. Abhishek Mukherjee
…for the petitioner
Mr. Sirsanya Bandopadhyay
Mr. Tirthankar Dey
Mr. Arka Kumar Nag
…for Bidhannagar Municipal Corporation
Mr. Debjit Mukherjee
Ms. Kalpita Paul
…for the State
Mr. Adil Badr
Mr. Aqib Badr
Ms. Nafisa Anwar
Mr. Shakti Shivam
…for the respondent no.8
Mr. Sobhan Gani
Mr. Abdul Kalam Choudhury
Mr. Vishal Prasad
…for the respondent no.9

It has been admitted by the respondent nos.8

and 9 who are the promoters and builders of a

building that they do not have any sanctioned

building plan. The allegation of the petitioner is

exactly that without any sanctioned building plan the

building has been erected. No building without any

sanctioned building plan shall be allowed to remain

on any plot of land and, therefore, the illegal

construction is to be demolished. All the inhabitants

of the building should be removed forthwith. The

electricity connection and the water connection of the

building shall be disconnected forthwith.

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The local Councillor Ms. Chameli Naskar is

directed to be made a party respondent in this matter.

She is directed to appear before this court at 3.30

p.m. today. The private respondents are to be

communicated this order of personal appearance of

the said Councillor Ms. Chameli Naskar immediately.

The authorised officer of Bidhannagar

Municipal Corporation shall remain present at the

time of demolition of unauthorised construction which

will start from today. It is required to be known by

this court how the water connection and electricity

connection was given to an unauthorised building.

I am told by the learned advocate for the

Bidhannagar Municipal Corporation that they called a

meeting of the parties for taking a decision in this

regard but on the last day of the meeting i.e. on 29th

September, 2023 nobody appeared before them.

However, now this court is passing this order which is

to be carried out and a preliminary report as to

demolition has to be filed by the Municipal Authority

tomorrow (17.10.2023) at 11 a.m. It is clarified that

the Municipal Corporation has started demolition

work itself from 1 p.m. and the local police station

shall give necessary help and to see that nobody

creates any disturbance whatever be his status and

position in the demolition work.

All the occupants who would be removed from

the illegal construction shall have the right to come

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before this court for claiming compensation against

the builders and other persons involved with this

illegal construction.

This matter will be taken up after vacation and

will appear in the list on 28th November, 2023 when it

will be taken up at 2 p.m.

(Abhijit Gangopadhyay, J.)