Satya Narayan Shaw v. The Kolkata Municipal Corporation And ORS

06.07.2023 Item No. 14 Court No. 24 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 2088 of 2023 Satya Narayan Shaw Vs The Kolkata Municipal Corporation & Ors.

Mr. Syed Nurul Arefin Mr. Rahul Singh ... For the petitioner.

Mr. Mukti Chandra Ghosh ... for the State.

Mr. Subhasish Chakraborty Mr. Sunny Nandy Ms. Susmita Singh Mr. Amit Chowdhury Mr. Subha Pathak ... for the respondent nos. 15 and 16.

Mr. Srijan Nayak Mr. Dipankar Ghosh ... for the K.M.C.

A report has been filed by the Executive Engineer (Civil)/(Building) Department, Borough-IX, Kolkata Municipal Corporation signed on 3rd July, 2023.

It appears therefrom that the site was jointly inspected on 28th June, 2023 in the presence of the petitioner, the private respondent, LBS and the engineers of the Corporation and it was found that there is no apparent infringement in any of the sides except minor deviation.

From the perusal of the report handed over in Court today, it appears that the allegation of unauthorised construction raised by the petitioner remains unsubstantiated.

In view of the above, no relief can be granted to the petitioner in this case.

The writ petition fails and is hereby dismissed. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)