The Calcutta High Court has recently directed the Durgapur Ex-Servicemen’s Co-operative Housing Society Limited that no construction will be made in the premises without the formal approval of the Durgapur Municipal Corporation and the Asansol Durgapur Development Authority.
The petitioner, Binoy Majumder, claimed to be a member of the Durgapur Ex-Servicemen’s Co-operative Housing Society Limited. His grievance is that the Co-operative Society is building a structure without sanction from either the Durgapur Municipal Corporation or the Asansol Durgapur Development Authority.
The Durgapur Municipal Corporation has, in fact, issued a stop work notice and has held that the construction is illegal by a letter dated March 6, 2021. S. Chatterjee, the counsel for the Asansol Durgapur Development Authority, submitted that the proceedings have been initiated and the Society as well and the parties have been called for hearing.
After hearing the Counsel for the Society, a single-judge bench of Justice Rajasekhar Mantha was of the view that since proceedings have already been initiated by the Asansol Durgapur Development Authority, the same may be concluded in accordance with law.
“In view of the order of stop work dated 6th March, 2021 issued by the Durgapur Municipal Corporation, the Society shall not effect any construction whatsoever in the said premises without formal approval by the Durgapur Municipal Corporation and the Asansol Durgapur Development Authority,” the order reads.
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It was also clarified by the Court that this order shall not prevent the Durgapur Municipal Corporation from proceeding against the Society or any person for violation of any statute and in accordance thereof.