Sujay Banerjee Versus Official Liquidator, attached to the Hon’ble High Court at Calcutta
Sujay Banerjee
Versus
Official Liquidator, attached to the Hon’ble High Court at Calcutta
Original Application No. 116/2021 (EZ)
Coram: Hon’ble Mr. Justice B. Amit Sthalekar, Judicial Member Hon’ble Mr. Saibal Dasgupta, Expert MemberVersus
Official Liquidator, attached to the Hon’ble High Court at Calcutta
Original Application No. 116/2021 (EZ)
Keywords: Costal Regulatory Zone (CRZ)
Decision: Disposed
Date: 22.12.2021
In Original Application No. 116/2021/EZ, the Applicant sought a direction from the respondents to demolish structures allegedly located within the Coastal Regulatory Zone (CRZ) and to prohibit any construction within the area falling under CRZ.
The official liquidator issued a sale notice on December 24, 2020, for the sale of the property mentioned therein in four lots. This notice stated that it had been issued in pursuance of an order of the Hon’ble High Court of Calcutta dated December 18, 2020. The Applicant's counsel argued that these properties were within the Coastal Regulatory Zone, and therefore, no construction could be carried out on this property. The construction that may already be existing in the form of structures and buildings (semi-finished) mentioned in the sale notice should also be demolished.
However, the Tribunal found that this Original Application was not maintainable since the sale notice had been issued by the official liquidator in pursuance of an order of the Hon’ble High Court of Calcutta. The properties, if we are to believe the Applicant's submissions, stand within the Coastal Regulatory Zone, specifically in CRZ-I area (No Development Zone). Therefore, no construction or development can be made on this land in any case.
The Tribunal opined that it was the Applicant's responsibility to bring these facts to the attention of the Hon’ble High Court of Calcutta if they were correct, before approaching the Tribunal. As the sale notice had been issued in pursuance of the orders of the Hon’ble High Court of Calcutta, the Applicant could withdraw the Original Application with liberty to approach the Hon’ble High Court.
Therefore, the Tribunal dismissed the Original Application No. 116/2021/EZ as prayed by the Applicant's counsel.
