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Calcutta High CourtWPA/8336/2023dismissed

Nazia Elahi Khan v. State Of West Bengal And ORS.

2023-07-05Hon'Ble Justice Amrita Sinha2 pages

Ct No24 05.07 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 8336 of 2023 Nazia Elahi Khan Vs State of West Bengal & Ors.

Mr. Ranajoy Chatterjee Mr. Tamal Singha Roy ... for the Petitioner.

Mr. Achintya Kumar Banerjee Mr. Dipankar Ghosh ... For the KMC.

Mr. K. C. Garg Ms. Sunita Agarwal ... for the private respondent.

Mr. Jyoti Prakash Chatterjee Ms. Srijoni Mukherjee ... For the State.

The petitioner alleges illegal and unauthorised construction at premises no. 10/2, Syed Salley Lane, Ward No. 43, Borough V under the jurisdiction of the KMC.

The petitioner alleges that the objection was filed before the Corporation against such unauthorised construction but the same has not been disposed of till date.

Learned advocate representing the private respondents denies the allegation of the petitioner. It has been submitted that construction has been made in strict compliance of the plan sanctioned.

It is further been submitted that the present writ petition has been filed only to extort money from the private respondents.

Learned advocate for the Corporation, submits upon instruction that, the premises in question was duly

inspected and it was found that the construction work, so far done, is in accordance with the building sanctioned plan.

From the submissions made on behalf of all the parties and upon perusal of the report forwarded by the engineers of the KMC, the allegation of unauthorised construction raised by the petitioner remains unsubstantiated.

In view of the above, no relief can be granted to the petitioner in this case.

The writ petition fails and is hereby dismissed. Report filed by the Officer-in-Charge, Jorasanko Police Station is retained with the records.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)