Sandhya Paul And ANR v. Kolkata Municipal Corporation And ORS
Sl. No.138 (Monthly List) 18.07.2022 Court No.24 B.M.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 8183 of 2021 Sandhya Paul & Anr.
Versus
Kolkata Municipal Corporation & Ors.
Mr. Dilip Kumar Samanta Mr. Biswapriya Samanta ... for the petitioner Mr. Fazlul Haque Mr. Mihir Kundu ... for the Kolkata Municipal Corporation The matter relates to premises No.B/112/1/H/5, Cossipore Road, Ward No.6, Borough-I, under the jurisdiction of the Kolkata Municipal Corporation. The petitioners contend that the respondent no.7 has made construction over the aforesaid plot of land by obtaining a sanctioned plan upon suppression and misrepresentation of facts. It has further been submitted that construction is being made in deviation of the plan sanctioned by the Corporation.
The petitioners filed representation before the Kolkata Municipal Corporation in March, 2021 and allege that the said representation has not been taken up for consideration till date.
None appears on behalf of the private respondents.
Learned advocate representing the Kolkata Municipal Corporation submits that a report signed by the Executive Engineer (Civil), Building Department, Borough-I, Kolkata Municipal Corporation dated 6th July, 2022 which mentions that the building in question is an unauthorised one. Notice under Section 400(1) of the Kolkata Municipal Corporation, 1980 was served upon the person responsible on 17th December, 2020 and subsequently First Information Report under Section 401A of the Act was also lodged against the person responsible before the Chitpur Police Station on 17th December, 2020. The matter has been forwarded before the higher authority on 20th March, 2021 for taking steps under Section 400 of the Act.
As it appears from the report of the Kolkata Municipal Corporation that steps have already been initiated against unauthorised construction, accordingly, the Municipal Commissioner is directed to depute a competent person to dispose of the proceeding which has been initiated for dealing with the unauthorised construction in accordance with law, after giving reasonable opportunity of hearing to the petitioners as well as other necessary parties at the earliest, but positively within a period of four months from the date of communication of this order.
The competent officer of the Kolkata Municipal Corporation shall intimate the petitioners the fate of the proceeding immediately thereafter.
It is made clear that Kolkata Municipal Corporation shall not enter into and decide any private dispute in between the parties.
Instruction given by the Executive Engineer (Civil), Building Department, Borough-I, Kolkata Municipal Corporation dated 6th July, 2022, be retained with the records.
Unserved envelope of the respondent no.8 with the postal endorsement 'not known' be also retained with the records.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)