Abhijit Hazra v. State Of West Bengal And ORS.

Item No.17 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 18.04.2023 Ct-24 WPA 5538 of 2023 Abhijit Hazra v.

The State of West Bengal & Ors.

Mr. Achintya Kumar Banerjee Mr. Debangshu Mondal ... for KMC.

Ms. Sipra Majumder Ms. Prativa Ghatak ... for the State.

None appears on behalf of the petitioner at the time of call.

On a perusal of the averments made in the writ petition and the prayers made therein it appears that the petitioner complains of illegal and unauthorized construction at premises no. 17/H/2, Canal West Road, Ward No. 28, Borough-IV, P.S.- Narkeldanga under the jurisdiction of the Kolkata Municipal Corporation. Learned advocate representing the Kolkata Municipal Corporation produces the instruction forwarded by the Executive Engineer (C), Building Department, Borough-IV & V mentioning the steps taken to deal with the unauthorized construction complained of.

It is mentioned therein that a demolition proceeding was initiated under Section 400(1) of the Kolkata Municipal Corporation Act, 1980 and a

considerable portion of the structure was demolished on April 5, 2023.

The said instruction is taken on record.

As the Corporation has already taken steps to deal with the unauthorized construction, accordingly, no further order is required to be passed in the instant writ petition. The concerned Executive Engineer shall ensure that no unauthorized construction take place at the subject premises.

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.

Sh (Amrita Sinha, J.)