Sarbeshwar Majumder, son of late Surendra Kumar Majumder v. State of Tripura
2017-03-06
S.TALAPATRA
body2017
DigiLaw.ai
JUDGEMENT AND ORDER : Heard Mr. S. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. TD Majumder, learned Government Advocate appearing for the respondents No. 1 and 2. 2. By means of this petition, the petitioner has urged this court for directing the respondent to remove the unauthorized religious structure on the government land which creates serious inconvenience for the pedestrian. According to the petitioner, the respondents have failed to give effect to the provisions of Tripura Unauthorized Religious Structures Construction Survey and Its Regulation, Relocation and Removal Rules, 2013. 3. Mr. Bhattacharji, learned counsel appearing for the petitioner has submitted that the petitioner has two shops situated on his own jote land by the side of Assam-Agartala Road (NH 44). Unauthorizedly a religious structure [Shati Tala] had been constructed infront of the petitioner’s residential and the commercial premises. Thus, the petitioner has become a perennial victim of inconvenience, nuisance and disturbance. Even the free access to the petitioner’s shop is obstructed. The petitioner has become seriously ill failing to negotiate with the emerged situation. He had approached different authorities including the Police Accountability Commission which has, however, denied to interfere in the matter. Even he had approached the District Magistrate and Collector, Khowai District by his representation dated 17.01.2015 for the same relief but no positive action has yielded as yet. As a result, the petitioner has been persuaded by the circumstances to approach this Court by filing the writ petition. 4. Mr. Bhattacharji, learned counsel appearing for the petitioner has submitted that such structure cannot be allowed to exist anymore in view of the interlocutory order passed by the Apex Court as well as by enforcement of that Rules, 2013 as published by the notification dated 08.10.2013 [see Tripura Gazette dated 10.10.2013]. 5. Mr. Datta Majumder, learned Government Advocate appearing for the respondents has submitted that the local residents had filed a representation to the Sub Divisional Magistrate, Teliamura stating that the said structure was existing for last 30 years and it has not been creating any hindrance to the business of any person or obstructing the pedestrians in any manner. In support of this statement, Mr. Datta Majumder, learned Government Advocate has referred to the paragraph 15 of the reply filed by the respondent No.5.
In support of this statement, Mr. Datta Majumder, learned Government Advocate has referred to the paragraph 15 of the reply filed by the respondent No.5. In that passage, the respondents No. 1 and 2 have categorically stated as follows: “I submit that appropriate authority may take resort under The Tripura Unauthorized Religious Structure, Construction Survey and its Regulation, Relocation and Removal Rules, 2013. However, I submit that over the issue a meeting was held on 16.07.2016 wherein the Chairman, Teliamura Municipal Council, SDM, Teliamura and Patrons/ Sebayets of the religious structure and local people. In the discussion it was agreed in the meeting that patrons and local people would write to the SDM concerned within 23rd July, 2016 to reduce the structure. As on the date, the stakeholders of the religious structure informed the SDM concerned that they will get the religious structure reduced to the extent possible so that one Purohit may perform puja sitting on the platform and no room will be raised. In view of this, it has been decided that the area of the religious structure will be reduced as indicated above after this year’s Durga Puja, 2016. I submit that aforesaid action of the Teliamura Municipal Council is in consonance with The Tripura Unauthorized Religious Structure, Construction Survey and Its Regulation, Relocation and Removal Rules, 2013”. The reference has also been made in respect of the said statement to Annexure-4 of the writ petition. 6. In addition to the reply filed by the respondent No.5, the respondent No.1 and 2 have stated similarly in their reply. However, from Annexure-4, it appears that the Sub Divisional Magistrate, Teliamura had caused inquiry into the matter and submitted a report to the District Magistrate and Collector, Khowai on 30.06.2015, much before the said meeting which was held on 16.07.2016. After reading the materials placed with the writ petition and the replies, this court is of the view that the facts are so disputed that cannot be decided in a writ petition inasmuch as the local residents have categorically stated to the SDM, Teliamura that in no way the said structure is hindering the business of the petitioner or obstructing the pedestrian’s movement. On the other hand, the petitioner has taken a specific stand that the structure is causing serious hindrance and obstruction. In addition to a Committee can be constituted under the said Rule.
On the other hand, the petitioner has taken a specific stand that the structure is causing serious hindrance and obstruction. In addition to a Committee can be constituted under the said Rule. The District Magistrate & Collector shall be Chairman of the said Committee. Rule 3(3) of the said Rules provides as under: “The DM & Collector shall himself/herself be competent for the removal of such unauthorized structures on ground of the recommendations made, after separately reviewing such unauthorized structures constructed on the public places on case-to-case basis by the committee regarding removal/relocation/regularization of such structures”. 7. Thus, this court is of the considered view that if the Review Committee as provided under Rule 3(3) of the said Rules,2013 is by now constituted, the District Magistrate & Collector, Khowai, the respondent No.2 herein, shall have the dispute reviewed by the said Committee or else he shall himself review the allegation of construction of a religious structure unauthorizedly in the public place and take appropriate action required on the basis of such review/inquiry including removal of the said structure. It is made clear that the opinion of Teliamura Municipal Council may be taken in the course of the review/inquiry but it is made clear that the Municipal Council has no authority to interfere into such matter. The District Magistrate & Collector, Khowai shall also afford reasonable opportunities to the petitioner and other persons interested in the said religious structure before taking the final decision. The whole exercise shall be brought to its logical end within a period of 4(four) months from the day when a copy of this order be submitted by the petitioner. 8. With this observation and direction, this writ petition stands disposed of. There shall be no order as to costs.