Subhendu Tah v. The Principal Secretary And ORS.

Ct No 11.04 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 3622 of 2023 Subhendu Tah Vs The Principal Secretary, Ministry of Municipal Affairs & Ors.

Mr. Bratin Kumar Dey Mr. Suman Rai ... For the petitioner.

Mr. L. M. Mahato Mr. Supratim Dhar ... For the State.

Mr. Gopal Chandra Das Ms. Tanushree Dasgupta ... For the KMC.

The petitioner complains of illegal and unauthorised construction at B/6/H/9, Shyampukur Street, P.S. Shyampukur, Kolkata- 700 004, Ward No. 10, Borough-II under Kolkata Municipal Corporation.

The objection filed against such unauthorised construction is pending consideration.

None represents the private respondents.

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 Executive Engineer (Building), Borough-II,

KMC being the respondent no. 5 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 learned advocate for the petitioner is directed to forward a copy of the representation dated 1st February, 2023 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.)