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Calcutta High Court (Appellete Side)

Binod Kumar Gupta vs The Kolkata Municipal Corporation & Ors on 5 March, 2021

Author: Amrita Sinha

Bench: Amrita Sinha

   22
05.03.2021.
   d.p.
                                W.P.A. 9787 of 2020
                               (Via Video Conference)


                              Binod Kumar Gupta
                                    -versus
                    The Kolkata Municipal Corporation & Ors.


                           Mr. Avirup Chatterjee.
                                      .... For the Petitioner.



                    Affidavit-of-service filed in Court today is taken
              on record.


                    The     petitioner   alleges   that   the     private
              respondents are making unauthorized construction in

the premises No. B/49/5/H/53/5, presently renumbered as B/49/5/H/53/17, Karl Marx Sarani, P.S.-South Port, Ward No.- 79, Borough-IX, Kolkata- 700023.

On an enquiry made by the petitioner, the Executive Engineer (Building Borough-IX), Kolkata Municipal Corporation intimated the petitioner that no building plan has been sanctioned by the Kolkata Municipal Corporation in respect of the aforesaid premises.

The petitioner raised objection before the Kolkata Municipal Corporation by a letter received by them on 12th October, 2020. The same has not been answered by the respondents till date.

None appears on behalf of the respondents.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no. 1, Kolkata Municipal Corporation through the Commissioner, to consider and dispose of the representation made by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties, including the petitioner, within a period of six months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties, including the petitioner, immediately thereafter.

In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation, received by the office of the Kolkata Municipal Corporation on 12th October, 2020 to the aforesaid respondent at the time of communicating the order of the Court.

WPA 9787 of 2020 stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)