Debasish Das Naskar v. The Kolkata Municipal Corporation And ORS

18.07.2022 mb In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. No. 3483 of 2022 Debasish Das Naskar -versus The Kolkata Municipal Corporation & Ors.

Mr. Debabrata Sardar ...For the Petitioner.

The petitioner alleges illegal and unauthorized construction at the instance of the respondent no. 7 over the premises No. 63, Sridhar Roy Road, Ward No. 66, Police Station - Tiljala, Kolkata 700 039 under the jurisdiction of the Kolkata Municipal Corporation. It has been submitted that the construction is being made over a plot of land which belongs to the petitioner and the construction is being made without obtaining any sanction from the Kolkata Municipal Corporation.

The petitioner filed representation before the Kolkata Municipal Corporation on February 15, 2022 and alleges that the said representation has not been taken up for consideration till date.

Despite service, none appears on behalf of the respondents.

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

As it appears that the representation of the petitioner 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, Borough-VII, Building Department to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner 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 petitioner 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 petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated February 15, 2022 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.)