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Calcutta High Court (Appellete Side)

Akd Amar Nath Gupta & Ors vs The Kolkata Municipal Corporation & Ors on 2 March, 2017

Author: Harish Tandon

Bench: Harish Tandon

                                                                               1

14   02.03.17                       W.P. 5425   (W)   of 2017
      Ct No. 2

        akd                  Amar Nath Gupta & Ors.
                                       Vs.
                     The Kolkata Municipal Corporation & Ors.
                                      --------

Mr. Amal Baran Chatterjee, Mr. Sasthi Charan Dhara.

... for the petitioners.

Mr. Achinta Banerjee, Ms. Tanushree Das Gupta, Mr. Santanu Chattopadhyay.

... for the K.M.C. Mr. Ram Anand Agarwal, Ms. Nibedita Pal, Mr. R. Dhara.

... for the respondent no. 7. Mr. Samiran Mondal, Mr. Avijit Chakraborty.

... for the respondent nos. 8 to 11.

The affidavit of service filed in Court today be kept with the record.

After hearing the respective counsels, this Court feels that the facts are more or less undisputed and the writ petition can be decided on a pure question of law.

The point involved in this writ petition is the interpretation of provisions contained under Rule 73 of the Kolkata Municipal Building Rules, 2009, vis-à-vis the definition of "building" given under Section 2 (5) of the Kolkata Municipal Corporation Act, 1980.

Let this matter appear on 29th March, 2017 in the supplementary list as Specially Fixed Matter.

(HARISH TANDON, J.) 2