18.06.2025 Item No.21 BR WPA 18949 of 2014 Jogomaya Roy -vs- South Dum Dum Municipality and Ors. Mr. Rudranil De., Mr. Ziaul Haque … for the petitioner Mr. N.C.Bihani, Sr. Adv., Ms.P.B.Bihani, … for the South Dum dum Municipality The writ application has been preferred praying for direction upon the respondents Municipality to set aside the impugned order dated 28/02/2014 passed by Smt. Anjana Rakshit, Chairperson, South Dum Dum Municipality, Nager Bazar, Dum Dum Road, Kolkata-700 074. Affidavit-in-opposition and reply thereto are part of the record. The petitioner herein has annexed a copy of the reasoned order passed by the Chairman of the Board of Councillors as directed by the High Court in WP No. 15599(W) of 2013. In the said reasoned order the following order was passed: “The BOC reviewed the inspection report submitted by Shri Mihiran 2 Chakraborty, the Assistant Engineer which revealed that the tie beam was extended at the ground level and had been projected up to the front side of the boundary line. The BOC did not consider such deviation was a minor one. This tie beam was constructed beyond the sanctioned plan and in violation of the Section 218(1) of the West Bengal Municipal Act, 1993 and liable to be demolished. More over, the objection on the revised site plan submitted the petitioner had not been removed by the applicant. Accordingly it is hereby ordered that the revised site plan submitted by Shri Narugopal Roy is hereby rejected and Smt Jogomaya Roy and will demolish the aforesaid tie beam within 90 days from the date of the receipt of this order failing which this Municipality will carry out the demolition and recover the cost from Smt. Jogomaya Roy. This order has been issued under the seal and signature of the undersigned as per resolution of the BOC dated 28/02/2014.” Admittedly, the said order was passed on the basis of a direction passed by the High Court in another writ application being WP 15599(W) of 2013. It is the contention of the petitioner herein that the document at page 11 to the 2 3 affidavit-in-reply filed by the petitioner is a sketch map made by the Amin of the BL and LRO, but the said map was not considered by the Board of Councilors and thus being prejudiced has preferred the writ application. Learned counsel appearing for the South Dum Dum Municipal has relied upon the provision under Section 218(3) of the West Bengal Municipal Act, 1993, wherein it has been laid down that an order made by the Board of Councillors under Section 218 of the Act is appealable with the Court having jurisdiction. Section 218(3) of the West Bengal Municipal Act, 1993 is as follows : “ 218(3)- An appeal against an order made by the Board of Councillors in this behalf shall lie with the Court having jurisdiction. Learned counsel for the petitioner at this stage prays for leave to prefer an appeal in case the writ is found to be not maintainable, on condonation of delay to prefer the appeal. Accordingly, in view of sub-section 3 to Section 218 of the West Bengal Municipal Act, the writ petition is disposed of with liberty granted to the petitioner to prefer an appeal as per the provision of the act within 30 days from the date of this 3 4 order. The period of limitation is extended is extended for 30 days from this date. WPA 18949 of 2014 stands disposed of. Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings. ( Shampa Dutt (Paul), J. ) 4