Firdous Khan v. Kolkata Municipal Corporation & ORS

Item No. 14 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 11.08.2022 Ct-24 WPA 4496 of 2020 Firdous Khan v.

Kolkata Municipal Corporation & Ors.

Mr. Syed Shahid Imam Ms. S. Khan ... for the petitioner.

Mr. Ziaul Islam Mr. Jaydip Basu ... for the State.

Mr. Achintya Banerjee Mr. Swapan Kumar Debnath ... for KMC.

Mr. Hamidul Haque ... for the respondent no. 8.

Mr. Varun Kotheri ... for the respondent no. 10.

The Kolkata Municipal Corporation has filed a report before this Court signed by the Sub-Assistant (C)/Building, Assistant Engineer (C)/Building and Executive Engineer (C)/Building/Br-IV & V dated August 8, 2022, wherefrom it appears that the men and agents of the Corporation inspected the site and found that a two storied building stands at the Premises No. 7A, Dr. M.N. Chatterjee Sarani, Ward No. 036, Borough-V.

The building is in well maintained condition. The department never served any notice at the above-mentioned premises under Section 411(2) of the Kolkata Municipal Corporation Act, 1980. As per the Kolkata Municipal Corporation's record this is not a 'Dangerous Building'.

As it appears that the notice for repair under Section 411(1) of the Kolkata Municipal Corporation Act, 1980 was issued way back in March 2017 and presently the building is in well maintained condition, accordingly, no further order is required to be passed in the instant writ petition. The writ petition stands disposed of.

The report filed by the Kolkata Municipal Corporation in Court today is taken on record.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)