Kajal Saha And ANR v. The Kolkata Municipal Corporation And ORS

21.09.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 2961 of 2022 Smt. Kajal Saha & Anr.

-versus The Kolkata Municipal Corporation & Ors.

Mr. Partha Sarathi Das, Mr. P. Baidya.

...For the Petitioners.

Mr. Dwijadas Chakraborty.

...For KMC.

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

None appears on behalf of the respondent No.6 in spite of service.

The petitioners allege illegal and unauthorized construction made at the instance of the respondent No.5 at Premises No. 44, Chakdaha Government Colony, Ward No.-114, Borough-XI of the Kolkata Municipal Corporation.

The petitioners complain that the representation filed against such illegal and unauthorized construction has not been considered till date.

In view of the order that I propose to pass, none of the parties will be prejudiced if the writ petition is disposed of in the following manner.

As it appears that the representation of the petitioners objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.5 being the Executive Engineer, Building Department to consider and dispose of the representation made by the petitioners strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioners within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioners immediately thereafter. In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioners and

all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioners.

The petitioners are directed to forward a copy of the representation received by the office of the Kolkata Municipal Corporation on 7th September, 2021 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

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

( Amrita Sinha, J.)