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Calcutta High Court · body

2025 DAILYLAW 33366 (CAL)

SUMITRA DEBI THAKUR @ SUMITRA DEBI AND ANR v. ASHOK CHATTERJEE, NAIHATI MUNICIPALITY

WPCRC/102/2023 · 2025-01-31

Shampa Sarkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item No.11 31.01.2025 Court. No. 36 GB WPCRC 102 of 2023 In WPA 26141 of 2018 Smt. Sumitra Debi Thakur @ Sumitra Debi & Anr. VS Ashok Chatterje, Naihati Municipality Mr. Shuvro P. Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal … for the Applicants. Mr. Kaustav Chandra Das … for the Alleged Contemnor. The compliance report of the Board of Councillors, Naihati Municipality is before this Court. According to the report, sunshades were constructed beyond the sanction plan and accordingly a demolition order was passed on December 1, 2021. It is submitted that the sunshades have also been demolished. According to Mr. Lahiri, learned advocate for the applicants, there is no space between two buildings, which indicates that the entire building had been constructed without maintaining the rules. This controversy cannot be resolved in this contempt proceeding. The municipality initiated proceedings, held an inspection and came to a finding that the building had a permission from the municipality, but the sunshades were without permission and accordingly demolished these sunshades. This court had directed the municipality to take steps in accordance with law. 2 Accordingly, the contempt application is disposed of. The proceedings are dropped. This disposal does not indicate that the Court accepts the contention of the municipality. The issues raised by Mr. Lahiri with regard to the building being illegal on account of violation of the rules as minimum space between the two buildings, was not maintained, will be available to Mr. Lahiri’s client, to be agitated in the appropriate forum. Mr. Lahiri’s client is always at liberty to take proper legal steps in this regard. Accordingly, the contempt application is disposed of. Contempt proceedings are dropped. Parties to act on the basis of the server copy of this order. (Shampa Sarkar, J.)