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Judgment
Two several affidavit-of-service filed in Court today are taken on record.
Complaining illegal construction at the behest of the respondent No. 12 in respect of plot No. 2574 JL-85, Khatian No. 1604, Mouza-Bahirgangarampur under Uluberia P.S., District-Howrah, 711315 and failure of the part of the municipal authorities to take steps, the instant writ petition has been filed.
Having heard the learned advocate appearing for the petitioner and upon ascertaining from the learned advocate representing the municipality that he had not been favoured with any instructions, I find that the matter cannot be permitted to wait any longer.
The writ petition was filed on 2nd August, 2024. Two years have since gone by.
Despite service, the municipal authorities did not think it fit to favour the advocate with any instructions. In the peculiar facts, I am of the view without waiting for further instructions to be made available by the municipality, it would be prudent to direct the Chairman/Administrator to visit the locale and carry out an inspection through his team. If on the basis of the inspection to be carried out, the Chairman/Administrator is of the view, any illegal construction has taken place, appropriate proceedings under Section 218 of the West Bengal Municipal Act, 1993 shall be initiated and the same shall be brought to a logical conclusion on an expeditious basis preferably within a period of 6 weeks from the date of communication of this order. If on the other hand, the authorities are of the view, illegal construction has not taken place, proceeding shall be concluded by passing a reasoned order to be communicated to the parties.
The inspection shall be carried out upon notice to the parties. The timeline indicated herein is peremptory.
Since no affidavit-in-opposition is called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions, the writ petition is disposed of.