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Calcutta High CourtWPA/4711/2024disposed

Md Naushad Alam v. Kolkata Municipal Corporation And ORS

2024-07-16Hon'Ble Justice Kausik Chanda2 pages

WPA 4711 of 2024 16-07-2024 Md. Naushad Alam Vs.

Kolkata Municipal Corporation & Ors.

Ms. Soumi Guha Thakurta ...for the Petitioner Mr. Achintya Kr. Banerjee, Mr. Mihir Kundu ...for KMC Ms. Debleena Dasgupta ...for the State AKG Ct. 15 The petitioner claims himself to be the owner of a flat on the first floor of a building at premises no. 29/1A, Miajan Ostagar Lane, Ward No. 65, Borough - VII, Police Station - Karaya, Kolkata - 700 017.

It is the grievance of the petitioner that though respondent nos. 8 to 10 have obtained a G+3 Building Plan from the Kolkata Municipal Corporation, they have raised two additional floors at the said premises. The petitioner seeks an order directing the Corporation to demolish the unauthorised construction.

On behalf of the Corporation, it has been submitted that a demolition order has been passed by the Special Officer (Building) on April 8, 2024.

Following the said order, the Corporation has fixed July 24, 2024 to undertake the demolition work. It has also been submitted by the Corporation that notice to the occupiers to vacate the premises has also been issued under Sections 544 and 545 of the Kolkata Municipal Corporation Act, 1980.

In view of the aforesaid stance of the Corporation, nothing further needs to be decided in this matter. Accordingly, WPA 4711 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)