Sri Kuntal Banerjee v. Sri Dilip Yadav, Chirman And Oth Councillors, Uttarpara-Kotrung Municipality

Item No. 93 In the High Court At Calcutta Special Civil Jurisdiction Appellate Side 02.05.2024 Ct-24 AGM CPAN 28 of 2024 in WPA 19487 of 2022 Sri Kuntal Banerrjee v.

Sri Dilip Yadav Mr. Agniv Sinha.

... For the petitioner.

Mr. Siddhartha Banerjee.

Mr. Kazi A. Ali.

... for the Uttarpara Municipality.

Learned advocate representing the alleged contemnor relies upon an order of demolition dated 23rd April, 2024.

Learned advocate representing the petitioner submits that the said order is only related to the demolition of the unauthorised construction on the roof. There is no finding with regard to the requirement of FAR at the time of making construction.

On a perusal of the order alleging contempt, it does not appear that there is a separate direction for consideration of the availability of FAR. The order of the Court appears to have been substantially complied with. In view of the above the contempt application stands disposed of.

It will be open for the petitioner to initiate appropriate proceeding highlighting his grievances.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)