Oval Promoters Llp & ANR v. Kolkata Municipal Corporation & ORS

08.9.2020 ap W. P. A. 4583 of 2020 I A No. CAN 1 of 2020 (CAN 3351 of 2020) (Via Video Conference) Oval Promoters LLP & Anr.

Vs.

Kolkata Municipal Corporation & Ors.

Mr. Jayjit Ganguly Mr. Krishna Raj Thakker Mr. Pradeep Sanchiti Mr. Soman Roy ... For petitioners.

Mr. Ambarnath Banerjee Mr. Ranajit Chatterjee ... For KMC.

Mr. Ganguly, learned advocate appears on behalf of petitioners and submits, challenge in the writ petition is against letter dated 19th February, 2020, by which the Corporation has revoked the building plan as well as completion certificate issued against completed construction at concerned premises. Mr. Banerjee, learned advocate appears on behalf of the Corporation and submits, it is true the letter was issued without giving opportunity of hearing to petitioners, for which his client undertakes to not take any coercive step till petitioners having been heard on the communication. The Corporation will give petitioners opportunity of hearing, on their decision by letter dated 19th February,

2020 to cancel the plan and completion certificate issued on construction having been made. Till the time the Corporation informs the reasons for maintaining the decision, upon hearing having been given to petitioners, no steps will be taken by it against petitioners, pursuant thereto. On communication of reasons, the Corporation, if maintains its decision as in impugned letter dated 19th February, 2020, will commence proceedings in pursuance thereof. two weeks after having communicated its reasons for doing so. It goes without saying if petitioners are able to satisfy the authority, it will be at liberty to change its decision.

The writ petition, along with connected application stands disposed of.

(Arindam Sinha, J.)