Rajnish Sharma v. The Kolkata Municipal Corporation And ORS

Sl. No.126 20.09.2024 Suman Ct. 15 WPA 529 of 2024 With CAN 1 of 2024 Rajnish Sharma Vs.

The Kolkata Municipal Corporation and Ors.

Mr. M. P. Gupta Mr. Ayan Mitra Ms. Antara Panja Mr. Sartak Singh Mr. Aditya Sinha ...for the petitioner Mr. Tapan Coomaar Dey ..for KMC Mr. Arindam Banerjee Ms. Krity Keshri ..for respondent no.17 Mr. Biswajit Mukherjee Mr. Sumitava Chakraborty Ms. Bratati Pramanick ..for the respondent Mr. Biswajib Ghosh Mr. Basudeb Patra ..for respondent no.13.

Re: CAN 1 of 2024 This is an application for restoration.

Having regard to the averments made in this restoration application, I am of the view that the petitioner has sufficiently explained the reason for his non-appearance before this Court on April 29, 2024.

Accordingly, CAN 1 of 2024 stands allowed and WPA 529 of 2024 is restored to its file and number. Re: WPA 529 of 2024 This Court, at first glance, is not convinced of the writ petitioner's standing to file this writ petition. The writ petition fails to provide any pleading demonstrating that the petitioner has been adversely affected by the alleged unauthorised construction. There are, however, judgments passed by the Co-ordinate Benches of this Court that have laid down the law that unauthorised construction may be challenged by any citizen.

This matter warrants further consideration.

List this case for hearing two weeks following the upcoming puja vacation under the heading "To Be Mentioned" when the parties will address this Court regarding the petitioner's locus standi.

(Kausik Chanda, J.)