Suhairto Alam Thandar v. Kolkata Municipal Corporation

14.06.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 4657 of 2023 Suhairto Alam Thandar -versus The Kolkata Municipal Corporation & Ors.

Mr. Indrajit Bhattacharjee.

...For the Petitioner.

Mr. Ranjit Rajak.

...For the State.

Mr. Gopal Chandra Das, Mr. Subhrangsu Panda.

...For KMC.

None appears on behalf of the private respondents in spite of service.

The petitioner alleges illegal and unauthorized construction at the instance of the private respondents at Y2-11/1, Panchpara, Mallickpara Lane, Kolkata700044, Borough-XV, Ward No. 138 under the jurisdiction of the Kolkata Municipal Corporation. Objection filed by the petitioner is pending consideration.

Learned advocate appearing for the Kolkata Municipal Corporation is yet to receive instruction in the matter.

Specific allegation is that a G+2 storied building is being constructed without obtaining any sanctioned plan from the Corporation.

The petitioner complains that the objection raised against such illegal construction has not been considered by the respondent authorities till date. 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.3 being the Executive Engineer, Building Department, Borough XV 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. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction. 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 7th 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.)