MEHRAJ ALAM ANSARI v. STATE OF WEST BENGAL AND ORS.
WPA/8635/2024 · 2026-05-15
Suvra Ghosh
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2012 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2012 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
15 1155..0055..22002266 Ct. No.15 b.das
WPA 8635 of 2024
Mehraj Alam Ansari
Vs.
The State of W.B. & Ors.
Mr. Animesh Paul …for the petitioner.
Mohammad Mahmud Ms. Sahana Aktar …for the private respondents
Mr. Shibojyoti Chakraborti Ms. Riyha Ghosh Ms. Debolina ghosh
...for the Howrah Zilla Parishad.
Report submitted by the Howrah Zilla Parishad is taken on record. The petitioner alleges unauthorized construction being raised by the private respondents without obtaining any sanction from the concerned authority. Though learned counsel for the private respondents submits that the said construction has been raised in terms of the sanctioned building plan, no such plan has been produced either before this Court or at the time of joint spot inspection held by the 2nd respondent in presence of the parties. It appears from the report submitted by the 2nd respondent that the private respondents have already raised a G+4 structure and are raising another G+1 structure behind the existing structure without leaving mandatory open space on all sides. The sanctioned
2 building plan granted in favour of the father of the private respondent on 26th December, 2026 was produced before the authority at the time of inspection but the plan was neither updated nor validated. In view of the observation made by the 2nd respondent in course of the joint inspection, the 2nd respondent is directed to take necessary steps for demolition of the unauthorized structure/portion thereof within six weeks from the date of communication of this order, in accordance with law. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)