Calcutta High Court
Subir Saha vs The Kolkata Municipal Corporation And ... on 22 May, 2023
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
OD-3
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO/1215/2023
SUBIR SAHA
VS
THE KOLKATA MUNICIPAL CORPORATION AND ORS.
BEFORE:
The Hon'ble JUSTICE HIRANMAY BHATTACHARYYA
Date : 22nd May, 2023.
[VACATION BENCH]
Appearance:
Mr. Raghunath Chakraborty, Adv.
Ms. Tanusree Das, Adv.
...for the petitioner
Mr. Gopal Chandra Das, Adv.
Ms. Manisha Nath, Adv.
...for the K.M.C.
The Court:- The petitioner has challenged the hearing notice dated 12th
April, 2023.
It appears from the said notice that the authorities of the Kolkata
Municipal Corporation fixed the date of hearing on April 28, 2023. Mr.
Chakraborty, learned Advocate representing the petitioner submits that the
authorities are trying to reopen its own decision whereby the unauthorized
construction at premises no. 895, Madurdaha, Ward-108, Borough No.XII,
Kolkata-700107 within the Kolkata Municipal Corporation has been regularized.
He further submits that pursuant to the said order the fees demanded by the
Kolkata Municipal Corporation has already been deposited.
2
Mr. Das, learned Advocate representing the Kolkata Municipal Corporation
submits that pursuant to the said hearing notice, the person responsible as well
as the complainant attended the said hearing on 28th April, 2023. Mr. Das
produces a copy of the attendance sheet. From the said attendance sheet it
appears that the hearing was conducted by the authorities as per the provisions
of Section 400(1) read with Section 416 of the Kolkata Municipal Corporation,
1980. Mr. Das further submits that the petitioner herein has not complied with
all the directions contained in the order dated 28th August, 2019. Since the
hearing notice is under challenge and it appears from the attendance sheet that
the person responsible as well as the complainant attended the said hearing,
there is no scope to pass any interim order at this stage. The respondent will at
be at liberty to file affidavit-in-opposition within June 16, 2023; reply thereto, if any, be filed on or before June 23, 2023.
The parties will be at liberty to mention for enlistment of the matter after the period fixed for exchange of affidavits is over.
(HIRANMAY BHATTACHARYYA, J.) S.Bag/TO