Sumit Kumar Shaaw v. The Kolkata Municipal Corporation And ORS.

29.01.2024.

Court No.13 Item No. 17 ap W.P.A. No. 1896 of 2024 Sumit Kumar Shaw

Versus

The Kolkata Municipal Corporation & Ors.

Mr. Rishabh Ahmad Khan, Md. Wasigh Khan.

...For the petitioner.

Mr. Gopal Chandra Das.

...For the KMC.

1. The petitioner claims that he is entitled to notice of any further demolition proposed to be undertaken by the Kolkata Municipal Corporation and a substantial part of the unauthorized construction has already been demolished.

2. Counsel for the Kolkata Municipal Corporation submits that since the proceedings of demolition are based on Section 400(8) of the Kolkata Municipal Corporation Act, 1980, the question of any further notice is not required.

3. In that view of the matter, no relief can be granted to the petitioner in this writ petition.

4. This Court sees no urgency whatsoever in the writ petition having been mentioned for listing before this Court.

5. W.P.A. No. 1896 of 2024 shall stand dismissed with costs assessed at Rs.10,000/- (Rupees ten thousand only) payable by the petitioner to the Kolkata Municipal Corporation.

6. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)