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Calcutta High Court (Appellete Side)

Bhukailash Debutter Estate vs The State Of West Bengal & Ors on 12 February, 2018

Author: Debangsu Basak

Bench: Debangsu Basak

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23.   12.02                      W.P. 1873 (W) of 2018
Sd3   2018
                            Bhukailash Debutter Estate.
                                        Versus
                           The State of West Bengal & Ors.

                    Md. Abdul Mabud
                                        ...for the petitioner
                    Mr. Alok Ghosh
                    Mr. Arijit Dey
                                        ...for K.M.C.
                    Mr. N. Srinivas
                    Mr. M.K. Singh
                                    ...for the respondent no.6.

Mr. Santanu Kumar Mitra Mr. Ganga Prasad Mukhopadhyay ...for the State.

The petitioner complains that, despite an order of status quo passed by the Civil Court in Title Suit No.304 of 2000, the private respondent is undertaking construction.

The State, Corporation and the private respondents are represented.

Learned advocate appearing for the private respondents submits that, his client is not a party in Title Suit No.304 of 2000. Be that as it may, his client is not making any unauthorized construction.

In the facts of the present case, it appears that, the immovable property concerned is within the jurisdiction of Kolkata Municipal Corporation. A person is entitled to construct provided he has requisite sanction plan from K.M.C. authorities for such purpose.

In such circumstances, it would be appropriate to direct K.M.C. authorities to ensure that, no construction takes place at the property concerned without its approval and prior sanction in accordance with law.

W.P. No.1873 (W) of 2018 is disposed of. No order as to costs.

Urgent certified Website copy of this order, if applied, be supplied to the parties, upon compliance of all requisite formalities.

(Debangsu Basak, J.)