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Calcutta High CourtWPA/10538/2024dismissed

Salil Kumar Bandhopadhyay v. The State Of West Bengal And ORS.

2024-09-03Hon'Ble Justice Kausik Chanda2 pages

03.09.2024 Sl. No.33 Ct. No.15 S.A.

WPA 10538 of 2024 Salil Kumar Bandhopadhyay -vsState of West Bengal & Ors.

Mr. Debdutta Basu ...for the petitioner Mr. Gopal Chandra Das Mr. Anand Pharmania ...for KMC Mr. Biswajit De Mr. Chandan Kumar Mondal ...for the State Mr. Vivekananda Bose Ms. Saheli Mukherjee Ms. Priyanka Das Nayek ...for respondent nos.11, 12 and 13 Let the report filed by the Corporation be kept with the records.

The petitioner is aggrieved by a demolition work in respect of a building standing on the premises at 51B/1, Sarat Ghosh Garden Road, Ward No.91, Borough-X.

The petitioner claims to be the owner of the adjoining premises.

The petitioner submits that without any permission from the Kolkata Municipal Corporation, the demolition work has been carried out which severely damaged the building owned by him. It has been further submitted that the owner of the aforesaid premises is going to undertake a construction work without any permission from the Kolkata Municipal

Corporation. The petitioner submits that appropriate steps should be taken by the Corporation against respondent nos. 11, 12 and 13.

I do not find any substance in the allegations made in the writ petition.

It appears that the demolition work had been undertaken after obtaining due permission from the Kolkata Municipal Corporation under the supervision of an empaneled engineer of Kolkata Municipal Corporation and upon payment of required fees. Learned advocate appearing for respondent nos.11, 12 and 13 submits, on instruction, before this Court that they will not undertake any construction work without any sanctioned plan from the Kolkata Municipal Corporation.

In that view of the matter, I do not find any justification to entertain this writ petition. Accordingly, WPA 10538 of 2024 is dismissed.

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

(Kausik Chanda, J.)