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The Chairman, South Dum Dum Municipality
This is a discussion on The Chairman, South Dum Dum Municipality within the Judgments forums, part of the General Discussions category; STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL BHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027 APPEAL No. FA/09/186 ...
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The Chairman, South Dum Dum Municipality STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL
BHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL No. FA/09/186 of 2009
(Arisen out of Order Dated 24/04/2009 of Case No. of District Nort Twenty Four Parganas)
1. Smt. Sandhya Majumder.
2. Miss Anurima Majumder.
...........Appellant(s)
Vs.
1. Smt. Chhabi Sen.
2. The Chairman, South Dum Dum Municipality.
...........Respondent(s)
BEFORE:
1. JUSTICE ALOKE CHAKRABARTI
2. MR. A K RAY
3. SMT. SILPI MAJUMDER
For the Appellant :
Mr. Bibhas Mondal., Advocate
For the Respondent :
Mr. S. K. Das , Advocate
ORDER
No. 4/30.07.2009.
HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.
Appellant through Mr. Rajesh Biswas, the Ld. Advocate and Respondent No. 1 through Mr. Jamini Ranjan Ghosh, the Ld. Advocate along with Mr. S. K. Das, the Ld. Advocate are present. Respondent No. 1 files BNA. The appeal was filed against the order dated 30.03.2009 by the D.C.D.R.F., North 24 Pgs. in D.F. Case No. 153/06 whereby the Forum allowed the complaint passed the following order :
“Hence, Ordered that the case be and the same is allowed in part”.
“The O.P. is directed to assist the complainants enabling them to get their names mutated in the ‘Seresta’ of the Municipality”
“The complainants are entitled to get compensation for sum of Rs. 5,000/- for causing mental agony and harassment including the cost of the suit case”.
“The O.P. is directed to pay the same amount within one month from the date of the order, failing which it would carry an interest @ 9% p.a. till its realization”.
The Complainants have preferred present appeal contending that direction in Complainants’ favour by the Forum in the impugned order is in respect of mutation of the name in Municipality although Forum itself in the body of the judgement discussed about the actual relief i.e. obtaining Completion Certificate in respect of the building wherein the predecessor-in-interest of the Complainants purchased the flat.
On behalf of the Respondent No. 1 Mr. S. K. Das, the Ld. Advocate points out that predecessor-in-interest of the present Complainants filed a civil suit for specific performance of the contract on the basis of the Agreement between the parties for purchase of the flat and after the decree has been passed in favour of the plaintiff in the civil suit the present Complainants cannot ask for relief on the ground of Completion Certificate as the same right, if any arose out of the same Agreement on the basis of which civil suit for specific performance was filed.
The Complainants – Appellants do not dispute the filing of the said civil suit and the scope thereof but the argument is that specific performance was obtained in respect of registration of the deed and, therefore, the proceeding before the Forum for the relief of Completion Certificate is maintainable.
We are unable to agree to the contention of the Complainants and we are of the opinion that the specific performance of the same agreement having been obtained, on the self same agreement the present relief as being asked for relating to Completion Certificate, cannot be asked. Therefore, the appeal is dismissed. We make it clear that we have not decided other questions relating to the judgement impugned.
......................
JUSTICE ALOKE CHAKRABARTI
......................
MR. A K RAY
......................
SMT. SILPI MAJUMDER
- 12-01-2009, 09:28 PM #2Tapan Ray Guest
Demolition order of S.Dum Dum munipality of illigal construction not carried out. Sir/ Madam
South Dum Dum Municipality, Nagerbazar, Kolkata-74
Re. Demolition order memo no. SDM/920/P2B/XXXVII/SDM/PWD dT. 25.02.2000
TO Mr.Banamali Ghosh of 154, Kalindi Hsg Sch, Kolkata 700089.
Holding no.296/B/35, WARD 19
My reminders dated 02.02.2000, 06.07.2000, 29.08.2000, 27.03.2001, 01.12.2001 and at
last 09.11.2009 to mu8nicipality to enact demolition order which ordered Mr. Banamali
Ghosh to demolish gross illegal construction around all sides within 7 days after
25.07.2000, else, municipality itself will demolish the illegal construction.
Mr Banamali Ghosh defied all orders and did not pay heed to legal advice and norms of
Chairman S.D.D. Municipality.
Now Mr Banamali Ghosh not so honestly made a new plan for second floor probably (read surely off the record) suppressing gross illegal construction previously made.
Now SDD Municipality severed Mr. Banamali Ghosh notice no. 4330/PWD B/xvi DT 19.11.2009 u/r 11(I) to stop work SIGNED BY Executive Engineer of SDD Municipality.
As my south is totally blocked by illegal extended construction by approx 9ft, my rooms have practically is next to hell.
I demand social justice from new board.
Regards
Tapan Ray
P155 Kalindi Hsg Sch. Kolkata-700089
DT. 01.12.2009
- 02-23-2011, 10:21 AM #3tapas som Guest demolition of illegal kuccha toilet at Holding no 488 R N Guha Road Kolkata 28
Ref : Memo no.27/MA/O/C-7/2P-23/02 dtd. 14/01/1
Sir,
The said Holding No 488 (old 399) Ward 8 Under SDDM consisit of an illegal kuccha toilet constructed by Sudhanshu Pal s/o Lt. Bisweswar Pal without any NOC from the original landlords i.e Tapas Som & Md.Sajahan Mondal of P 81 RG Avn., Dum Dum, kolkata 28. Foul smell, dirty water spreads all over the area. Repeated intimations are being sent to SDO & CA- Barackpore,Municipal Affairs, Writer's Buildings, The WBSPCB,The WB Minority Commission The local political leaders along with the illegal tresspasser are pressurising the concerned Municipality just to neglect the necesary demoilition work.The said person is not a tenant of the said land also.Even false papers are being produced for CESC Connection which the CESC Authority admits but no legal action noted.
Please take necessary steps against the said Miunicipality & CESC on an urgent basis under intimation to me.
- 02-23-2011, 10:29 AM #4tapas som Guest demolition of illegal kuccha toilet at Holding no 488 R N Guha Road Kolkata 28
Ref : Memo no.27/MA/O/C-7/2P-23/02 dtd. 14/01/1
Sir,
The said Holding No 488 (old 399) Ward 8 Under SDDM consisit of an illegal kuccha toilet constructed by Sudhanshu Pal s/o Lt. Bisweswar Pal without any NOC from the original landlords i.e Tapas Som & Md.Sajahan Mondal of P 81 RG Avn., Dum Dum, kolkata 28. Foul smell, dirty water spreads all over the area. Repeated intimations are being sent to SDO & CA- Barackpore,Municipal Affairs, Writer's Buildings, The WBSPCB,The WB Minority Commission The local political leaders along with the illegal tresspasser are pressurising the concerned Municipality just to neglect the necesary demoilition work.The said person is not a tenant of the said land also.Even false papers are being produced for CESC Connection which the CESC Authority admits but no legal action noted.
Please take necessary steps against the said Miunicipality & CESC on an urgent basis under intimation to me.
- 05-13-2011, 12:18 PM #5Sanjit Kumar Das Guest Illigal Construction in my land area.
Sir,
I beg to inform you that two foundations of Pipe support have been constructed into my land by a local promoter. I hereby requested and complained to our Vice-Chairman before when he was constructing him building without proper gap as per munucipality norms. But anyhow that promoter managed to construc his building as he wanted after submitting a legal letter to munucipality by me though.
But just yesterday I found that two Pipe Supporting structures have been constructed directly into my area as per my drawing of my land area. Please Sir take any step regarding this matter and I am a retaired person and affraid someday he may claim that land is his property. Please sir below is my personal information.
P.S. - Name - Sanjit Kumar Das,
Premises No.- 7, mahajati 1st Bye lane, nalta, Dum Dum cantt., Kol-700028.
Ph: - 25902226
Best Regards,
Sanjit Kumar Das.
- 11-17-2011, 07:46 AM #6saikatpaul725 Guest
for complain of illigal constraction sir/madam
i complain against mr satyn roy. he accupy a illligal land wish is no ligal documents also he violate municipal road plain, he enforce to our local word comets, he enforce that our road 12 foot, but municipal is plan our road is 16 foots. but how to do it.
- 03-15-2013, 06:13 PM #7AMIT KR SHOME Guest Pertional land problem
Sir/madam
this is amit kr shome from dum dum cantt, i have a problem with my reletives . Near about 25 years me and my family is staying in our pertional land . But now our reletives complained about the land . And we have a valid documents. Without ani premition any documents the two pupile was coming today. And order that ( stop the work of making a tali shed house. ) if i was stop the making house. So i dont have ani roof for staying tonight. So i dont stop the work . My house address is 104/6/7 . West rabindranagar . Dum dum cantt . Kol.........700065. This is my complined i hope youn judje carefully . And secure my family to this prolem .
Amit kr shome.
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