Scribd
Upload
18 views2 pages

Display - PDF - 2023-09-23T151215.953

The High Court at Calcutta addressed a case involving unauthorized construction by the petitioner, Smt. Sandhya Bhattacharya, which led to a demolition order by the Bally Municipality due to significant deviations from the sanctioned area. An appeal against the demolition order is currently pending, and the petitioner has not been included in the appeal proceedings. The court concluded that the petitioner may seek relief from the appropriate forum as the contempt application was disposed of.

Uploaded by

Aditya Harder
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
18 views2 pages

Display - PDF - 2023-09-23T151215.953

The High Court at Calcutta addressed a case involving unauthorized construction by the petitioner, Smt. Sandhya Bhattacharya, which led to a demolition order by the Bally Municipality due to significant deviations from the sanctioned area. An appeal against the demolition order is currently pending, and the petitioner has not been included in the appeal proceedings. The court concluded that the petitioner may seek relief from the appropriate forum as the contempt application was disposed of.

Uploaded by

Aditya Harder
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

Item Nos.

606 and 607

In The High Court At Calcutta


Constitutional Writ Jurisdiction
Appellate Side

31.08.2023
Ct-24
AGM

WPCRC 129 of 2023


in
WPA 10272 of 2022
With
WPA 9593 of 2022

Smt. Sandhya Bhattacharya


v.
Rakesh Kumar Nayek

Mr. Abhishek Halder


Mr. Swadesh Misra
… For the petitioner.

Mr. M.P. Gupta


Ms. Antara Panja
… For the alleged contemnor.

Mr. Sandipan Banerjee


Mr. Ankit Sureka
Mr. Sobhan Majumdar
… for the HMC.

Affidavit-in-opposition of the alleged contemnor


and the reply thereto filed by the petitioner are taken on
record.
It has been brought to the notice of the Court that
the Bally Municipality considered the objection filed by
the petitioner alleging unauthorised construction and
passed order of demolition on 1st March, 2023.
I have perused the order of demolition wherefrom
it appears that there is deviation in each and every floor
constructed by the petitioner starting from the ground
floor to the fourth floor. The sanctioned area for making
2

construction was 1054.54 Sq meter. The person


responsible constructed 1681.12 square meter. The
deviated area has been calculated 626.72 square meter.
An appeal has been carried from the order of
demolition passed by the Bally Municipality being Other
Appeal No. 4 of 2023 and the learned Court below was
pleased to pass order of stay of the impugned order of
demolition.
The petitioner herein that is the complainant has
not been impleaded as party in the said proceeding.
According to the petitioner, the restraint order
that was passed by the Court has been flouted. The
person responsible inducted occupiers by creating third
party interest over the portions constructed
unauthorisedly and presently suffering an order of
demolition.
It has been contended by the learned advocate
representing the alleged contemnor that the occupiers
wee inducted prior to the order being passed by the
Court.
As the order of demolition is presently under
scrutiny before the statutory appellate forum,
accordingly, it will be open for the complainant/writ
petitioner to approach the competent forum for
necessary relief.
The contempt application stands disposed of.
Urgent certified photocopy of this order, if applied
for, be supplied to the parties expeditiously on
compliance of usual legal formalities.

(Amrita Sinha, J.)

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy