writ application against illegal construction under Article 226 of the Constitution of India
DISTRICT : SOUTH 24 PARAGANAS.
IN THE HIGH COURT AT CALCATTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A NO. OF
2022
In the matter of:
An application under Article 226 of the
Constitution of India;
-And –
In the matter of:
Dwijendra Lal Pal,
Son of Late Sital Chandra Pal, aged about 72 years, residing at Village
Mamudpur, Post Office – Kannayanagar, Police Station – Bishnupur, Pin - 743398,
District – South 24 Parganas, Mobile Number : 9804987801.
.........Petitioner
-Versus-
1.
The State of West Bengal, service
through the Secretary, Department of Panchayat and Rural Development, Joint
Administrative Building, Government of West Bengal, Block – HC -7, Sector –III,
Salt Lake City, Kolkata - 700106.
2.
The Principal Secretary, Panchayat and
Rural Development Department, Government of West Bengal, Block –HC-7, Sector –
III, Salt Lake City, Kolkata - 700106.
3.
The District Magistrate, South 24
Parganas, Office of the District Magistrate, South 24 Parganas, New Treasury
Building (7th Floor), PO: Alipore, South 24 Parganas Pin-700027.
4.
Moukhali Gram Panchayat, Block
Bishnupur – II, having it’s Office at Village – Moukhali, Post Office –
Charashamdas, Police Station – Bishnupur, Pin – 743303, District – South 24
Parganas.
5.
The Gram Pradhan, Moukhali Gram
Panchayat, Block Bishnupur – II, having it’s Office at Village – Moukhali, Post
Office – Charashamdas, Police Station – Bishnupur, Pin – 743303, District –
South 24 Parganas.
6.
The Officer –in –Charge, Bishnupur
Police Station, having its office at Bara Gagan Gohalia, Bishnupur, Pin – 743503, District –
South 24 Parganas.
7.
The Superintendent of Police, Diamond
Harbour Police District, having its office at Daulatpur, Pailan, Kolkata -700139, District – South 24
Parganas.
____Respondents
8.
Sri Amit Pal @ Amit Kumar Pal, Son of
Late Jiten Pal @ Jitendra Pal, residing at Village – Mamudpur, Post Office –
Kanyanagar, Police Station – Bishnupur, Pin – 743503, District – South 24
Parganas.
.........Private Respondents
To
The Hon’ble Prakash
Shrivastava, Chief Justice and His Companion Justices of the Said Hon’ble
Court.
The
Humble petition of the petitioner above named –
Most Respectfully Sheweth:-
- That
the Petitioner is a Citizen of India, and has been residing at the address
given in the cause title of this application. Your petitioner is a
bonafide owner in respect of his Shali Land having an area of 39 decimals
comprising in Mouza – Mamudpur, Khatian no. 344/1, L.R. Khatian no. 1820,
L.R. Dag no. 696, under Moukhali Gram Panchayat, Police Station –
Bishnupr, District – South 24 Parganas.
- That
the Private respondent is an occupant at the adjacent land of your
petitioner having 3 decimals land in shali nature, in Dag no. 696,
comprising in Mouza – Mamudpur, Khatian no. 43/1, under Moukhali Gram
Panchayat, Police Station – Bishnupr, District – South 24 Parganas, who is
raising construction of building structure on agricultural land without
any permission or approval of any sanctioned building plan from the
concerned respondent.
- That
the Private Respondent erecting and constructing his illegal and
unauthorized construction of the building structure, which cause and
effect in agricultural issues nearby and his compelling easement by using
the land as homestead created hurdles and difficulties in using land in
agriculture.
- That
your petitioner asked the Private Respondent to stop such illegal and
unauthorized construction, immediately, while your petitioner came into
knowledge of such illegal construction of building structure on shali
nature land which in Dag no. 696, comprising in Mouza – Mamudpur, Khatian
no. 43/1, under Moukhali Gram Panchayat, Police Station – Bishnupr,
District – South 24 Parganas.
Copy of the photograph of the said illegal
construction is annexed herewith and marked as Annexure – “P-1”.
- That
the Private Respondent presently raising construction of building
structure without any permission or approval of any sanctioned building
plan from the concerned respondent.
- That your Petitioner lodged GD Entry with
the concerned Police Station, initiated proceeding under Section 144(2) of
Cr.P.C. against the respondent, and lodged written complaint with superior
police officials though the private respondent continuing his illegal acts
and deeds in his illegal construction of building structure on shali
nature land without any sanctioned building plan under due indulgence of
the concerned respondents and their men, and agents, thereof.
Photostat
copy of the G.D.Entry, petition under Section 144(2) of Cr.P.C. and written
complaint by the petitioner are enclosing herewith and marked as Annexure – “P-2”
Collectively.
- That
Your Petitioner states that the said Private Respondent has commenced an
unauthorized and illegal construction since the June’ 2021. Such illegal
construction of the private respondent obstructing the fundamental
essentials of life being agriculture and harvesting, etc.
- That
Your Petitioner states that the private respondent is continuing with the
said illegal and unauthorized construction of the building structure in
question by erecting pucca and brick construction by creating obstacles
and encroaching easement rights over your petitioner’s property, in
collusions and connivance with men and agents of the concerned Gram
Panchayat even in absence of any valid sanction building plan to the said construction.
- That
Your Petitioner states that the petitioner went to the office of the Gram
Panchayat as well as the office of the Police Authority seeking redressal
of his grievances and have made over complaints to the said authorities to
that effect which till date had yielded no results.
- That
Your Petitioner states that the Private respondent is affluent and
influential and has scant regard to law and has threatening the petitioner
from raising any objection to the said illegal construction, more so when
the private respondent have accumulated building construction materials
and the construction is being hurriedly carried on. It may be not be out
of place to metion here that some men and officers of the Gram Panchayat
are involved in this illegal acts which has strength the might and power
of the private respondent and therefore the petitioner is running a life
of absolute misery.
- Your
petitioner states that the authorities of the Gram Panchayat and the
police have not taken any steps to stop the said illegal and unauthorized
construction nor have they taken any measures so as to ensure that no
illegal and unauthorized construction is being carried on by the private
respondents, in turn the private respondents have speed up the said
illegal and unauthorized construction thereby putting up concrete pillars,
columns, etc., showing utter disgrace to law and statutory liabilities so
far.
- Your
petitioner states that after putting forward the said complaint, the
petitioner was waiting for some action that should have been taken by the
authorities when the erection of the building or any other work connected
therewith had been commenced or is being carried on unlawfully, but the
gram panchayat authorities did not even bother to issue a notice to the
private respondents carrying on such erection or unlawful work to
discontinue the same forthwith and when such was not done, the said
unlawful construction had speed up at the behest of the private
respondents which is in absolute connivance with the men and agents of the
panchayat resulting in the laying and construction of roof, pillars around
the building which is absolutely unlawful.
- Your
petitioner submits that the respondent gram panchayat is duty bound to
initiate a proceeding against the private respondents on the complaint
made by the petitioner when the said complaint reveals unlawful, illegal
and unauthorized construction that is being carried on by the private
respondent devoid of any valid sanctioned plan and statutory gap which
needs to be kept from the demarcation to the wall of the building. The
gram panchayat authorities should have issued notice asking the private
respondent to stop the construction and thereafter ought to have issued
order of demolition of the said unauthorized construction.
- Your
petitioner further submits that the authorities have miserably failed to
discharge their statutory responsibility by not initiating any proceeding
against the private respondent on the complaint made by the petitioner for
unlawful, illegal and unauthorized construction but on the other hand have
given a leverage to the said private respondent for carrying on with the
said illegal construction by allowing him to do so which is being carried
on with utter haste, and without any reference to that effect.
- Your
petitioner submits that acts and activities of the private respondent in
connivance with the gram panchayat authorities in erecting an unauthorized
and illegal construction have created a menace in the vicinity of the said
premises since, the said construction that has started and is continuing
till date have not only hindered the extant rules of authorized construction
but have also exceeded to hamper the life and liberty of the petitioner
and his family members who are living is an absolute state of trauma in
respect of an anticipated accident which might occasion due to collapsing
of the said building, although complained of, have yielded no result.
- Your
petitioner submits that the said unlawful, illegal and unauthorized
construction has been started by the private respondents since June’ 2021
devoid of any sanction plan and in an absolutely hasted by excavating and
putting up concrete pillars and columns and the rapidly with which the
same is being done is tent amounting to serious prejudice to the life and
liberty of the petitioner. It may not be out of place to mention here that
even after receipt of the letter of complaint from the petitioner, the
gram panchayat authorities had sat tight over the issue and had thereby
allowed the private respondent to continue with the said unauthorized
construction which is being continued till date and if no steps is being
taken by the authority failing which the Hon’ble Court, then the rights
and contentions of the petitioner would be seriously prejudiced. The
construction is being carried on in such haste that it is just a matter of
time by when the entire illegal construction of the building structure of
the private respondent would be completed if not interfered immediately
and as such due to the urgency pleaded hereinabove.
- Your
petitioner being aggrieved and dissatisfied with the action on the part of
the respondent concerned begs to move the instant application under
Article 226 of the Constitution of India on the following amongst other:-
GROUNDS
I.
For that concerned respondent authorities ought
to have taken due steps against the unlawful, illegal and unauthorized construction
at the premises of the private respondent for illegal excavation and raising of
pillars etc., in raising building structure.
II.
For that the concerned respondent authorities
should have acts in a fair manner in handling the said issue of the petitioner.
III.
For that the concerned respondent authorities
erred in law by depriving the petitioner and the vicinity people from having
their grievances against the private respondents of unauthorized construction
redressed.
IV.
For that the Private respondents raising
construction of building structure without any permission or approval of any
sanctioned building plan from the concerned respondent. The Private respondent erecting
and constructing illegal and unauthorized construction of the building
structure, covering your petitioner’s land. Such illegal construction
encroaching easement rights over your petitioner’s property.
V.
For that your Petitioner lodged GD Entry with
the concerned Police Station, initiated proceeding under Section 144(2) of
Cr.P.C. against the respondent, and lodged written complaint with superior
police officials though the private respondent continuing his illegal acts and
deeds in his illegal construction of building structure on shali nature land
without any sanctioned building plan under due indulgence of the concerned
respondents and their men, and agents, thereof;
VI.
For that authorities have miserably failed to
discharge their statutory responsibility by not initiating any proceeding
against the private respondents on the complaint made by the petitioner for
unlawful, illegal and unauthorized construction but on the other hand have
given a leverage to the said private respondents for carrying on with the said
illegal construction by allowing him to do which is being carried on with utter
haste, and without any reference to that effect.
VII.
For that after putting forward the said
complaint, the petitioner was waiting for some action that should have been
taken by the authorities when the erection of the building or any other work
connected therewith had been commenced or is being carried on unlawful, but the
gram panchayat authorities did not even bother to issue a notice to the private
respondents carrying on such excavation and erection of unlawful work and had
asked him to discontinue the same forthwith and when such was not done, the
said unlawful construction had speeded up at the behest of the private
respondents, which is in absolute connivance with the men and agents of the gram
panchayat resulting in the laying and construction is continuing, which is
absolutely unlawful.
VIII.
For that the respondent Gram Panchayat is duty
bound to initiate a proceeding against the private respondents on the complaint
made by the petitioner when the said complaint revels unlawful, illegal and
unauthorized construction that is being carried on by the private respondents
devoid of any valid sanctioned plan. The concerned panchayat authorities should
have issued notice asking the private respondents to stop the work of
excavation and further construction and thereafter ought to have issued order
of demolition of the said unauthorized construction.
IX.
For that acts and activities of the private
respondents in connivance with the concerned panchayat authorities, erecting an
unauthorized and illegal construction had created menace in the vicinity of the
said premises, since the said construction that has started and is continuing
till date have not only hindered the extant rules of authorized construction
but have also exceeded to hamper the life and liberty of the petitioner as well
as the vicinity people, who are living is an absolute state of trauma in
respect of an anticipated accident which might occasion due to collapsing of
the said building structure, although complained of have yielded no result.
X.
For that non action of the concerned respondent
authorities, is highly illegal, unconstitutional, arbitrary, and violation of
all principle of natural justice and fair play.
XI.
For that concerned respondent authorities should
have taken into consideration the complained served on the authority by the
petitioner.
XII.
For that even after receipt of the letter of
complaint from the petitioner, the concerned panchayat authorities had sat
tight over the issue and had thereby allowed the private respondents to
continue with the said unauthorized construction which is being continued till
date and if no steps is being taken by the authority failing which the Hon’ble
Court, then the rights and contentions of the petitioner and the vicinity
people would be seriously prejudice.
XIII.
For that the respondent authorities erred in law
in not taking any steps as against the unauthorized and illegal construction
being carried on by the private respondents in strict defiance of the
prescribed norms.
20. Your petitioner states
that the records of the instant case are lying outside the ordinary original
jurisdiction of the Hon’ble Court.
21. Your petitioner states
that the petitioner made complaints to the concerned authorities for immediate
redressal of the grievances but no steps have been taken by the concerned
panchayat till date as such, a demand seeking justice would be an empty
formality.
22. Your petitioner humbly
submits that there is no other remedy available to it and the prayers as made
herein, if allow shall redress the petitioner’s grievances effectively.
23. Your petitioner states
that due to paucity of time some facts may not have been incorporated and your
petitioner craves leave to file supplementary affidavit and your petitioner
further crave leave to produce and refer to relevant papers/ documents at the
time of hearing by way of filling a supplementary affidavit.
24. That this application is
made bona fide and in the interest of justice.
In the
circumstances the petitioner most humbly prays before the Hon’ble Court that
Your lordships’ would graciously be pleased to pass the following orders:-
a)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates to immediately stop
the unlawful, illegal and unauthorized construction of building structure of
the private respondent;
b)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates immediately initiate
an appropriate proceeding against the private respondents for raising unlawful,
illegal and unauthorized construction in the premises;
c)
A writ in the nature of mandamus directing the
respondent authorities their men, agents and subordinates to demolish the said
unauthorized and illegal construction and restore the site of unauthorized
construction of the private respondents as was there till such began;
d)
A writ in the nature of mandamus directing the
concerned respondent authorities to take appropriate penal action as against
the private respondents in accordance with law on the complaint already made in
this behalf;
e)
A writ in the nature of mandamus directing the
respondent to produce all relevant records before the Hon’ble Court for proper
adjudication;
f)
Rule NISI in terms of prayers (a) to (e) above.
g)
An ad-interim order to stop the unlawful,
illegal and unauthorized construction at the premises of the private
respondents, till the disposal of the instant writ application.
h)
An appropriate order directing the respondent
authorities to file a report in this regard before the Hon’ble Court.
i)
Such other or further order or orders as your
Lordships may deem fit and proper.
And the petitioner as in duty bound shall ever
pray.
AFFIDAVIT
I, Dwijendra Lal Pal,
Son of Late Sital Chandra Pal, aged about 72 years, by faith Hindu, by Occupation
Senior Citizen, residing at Village Mamudpur, Post Office – Kannayanagar,
Police Station – Bishnupur, Pin - 743398, District – South 24 Parganas, West
Bengal, do
hereby solemnly affirm and say as follows:
1. That I am the petitioner of this application
and I am well acquainted with the facts and circumstances of the case.
2. That the
statements made in paragraph No. 1, 2, 3, 4, & 5, are true to my knowledge
and those made in paragraphs 6, 7,
& 8, are true to my information derived from the records of the case and
rest paragraphs are my respectful submission before this Hon’ble Court.
Prepared in my office The deponent is
known to me
Advocate Clerk to: Mr. Advocate
Solemnly affirmed before me
on this the day of May, 2022.
I
certify that all annexures
are
legible.
Advocate.
COMMISSIONER
DISTRICT :South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2022;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Dwijendra
Lal Pal
………..Petitioner
-Versus-
The
State of West Bengal & Ors.
……Respondents
WRIT PETITION
MR.
ASHOK KUMAR SINGH
Advocate
Bar
Association, Room No.15,
High
Court, Calcutta.
(M)
9883070666.
Email
: aksinghadvocate@rediffmail.com
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