Dipankar Das v. Kolkata Municipal Corporation And ORS.

20.03.2025 Sl. No. 88 Ct No. 3 SG WPA 2896 of 2025 Dipankar Das Vs Kolkata Municipal Corporation & Ors.

Mr. Asim Kr. Niyogi, Mr. V. Pal.

...for the petitioner Mr. Achintya Kr. Banerjee, Ms. Manisha Nath.

...for KMC 1.

Affidavit-of-service filed in Court today is taken on record.

2.

The petitioner has preferred the present writ petition alleging unauthorized construction at the instance of private respondent. It is the case of the petitioner that the private respondent had carried out unauthorized construction in such a way that it has adversely affected his own property. Petitioner has drawn attention of this Court to an order dated 27.01.2024 passed by the Special Officer (Building). 3.

Learned Counsel for the respondent states that the said order is an appealable order before the Municipal Building Tribunal.

4.

Learned Counsel for the petitioner states that he has not been able to prefer an appeal before the Municipal Building Tribunal since certified copy of the order dated 27.01.2024 was not made available to him.

He has drawn attention of this Court to a letter written to the municipal corporation on 29.08.2024 seeking certified copy of the order dated 27.01.2024. It is his contention that he has not been able to approach the Municipal Building Tribunal since no certified copy has been provided to him.

5.

This Court directs the Kolkata Municipal Corporation to provide him a certified copy of the said order within a period of four weeks from the date of making an application in accordance with the rule. 6.

With the above direction, the present writ petition is disposed of.

7.

There shall be no order as to costs.

8.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, J.)