Calcutta High CourtWPA/10454/2021disposed

Gobinda Kundu v. The Kolkata Municipal Corporation Andors

2023-05-03Hon'Ble Justice Amrita Sinha2 pages

Ct No24 03.05 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 10454 of 2021 CAN 1 of 2022 Shri Gobinda Kundu Vs The Kolkata Municipal Corporation & Ors.

Mr. Pratik Kumar Bhattacharya Mr. Anubrata Santra ... For the petitioner.

Mr. Ranajit Chatterjee Mr. Subhrangsu Panda ... For the KMC.

Mr. Santanu Kumar Mitra Mr. Ganga Prasad Mukherjee ... For the State.

Mr. Nilendra Bhattacharya Mr. Soumen Chatterjee Mr. Snehasish Jana ... For the respondent nos. 7 and 8.

A report has been filed by the engineers of the Kolkata Municipal Corporation signed on 02.05.2023 wherefrom it appears that a joint site inspection was conducted on 29th April, 2023 in the presence of all the parties.

Departmental inspection revealed that reconstruction of the ground floor and the first floor has been executed but construction of the puja room and the prayer room in the second floor has not yet started. It has been found that construction has been made in deviation of the building sanction plan.

Notice under Section 401 of the Kolkata Municipal

Corporation Act, 1980 has been served upon the person responsible with intimation to the police. Demolition sketch plan is under process and proceeding under Section 400 of the Kolkata Municipal Corporation Act, 1980 is contemplated.

Let a copy of the report be circulated amongst the learned advocate representing all the parties. As it appears that the Corporation has detected unauthorised construction, accordingly, step shall be taken in accordance with law to deal with such unauthorised construction at the earliest.

The writ petition stands disposed of.

In view of the disposal of the of the writ petition nothing remains to be decided in the application filed by the private respondents. The same stands disposed of. The application being CAN 1 of 2022 is also disposed of.

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

( Amrita Sinha, J.)