Rina Majumdar And Others v. The Kolkata Municipal Corporation And Others

30.06.2021.

d.p.

W.P.A 10677 of 2021 (Via Video Conference) Rina Majumdar & Ors.

-versus The Kolkata Municipal Corpration & Ors.

Mr. Shahajahan Hossain, Ms. Sanjita Sultana.

...For the Petitioners.

Mr. Soumitra Bandyopadhyay, Mr. Priyobrata Batabyal.

...For the Respondents.

Mr. Subhrangsu Panda, Mr. Anindya Sundar Chatterjee.

...For the KMC.

In compliance of the direction passed by this Court on 24th June, 2021, a report dated 25th June, 2021 signed by the Sub-Assistant Engineer (Civil) has been filed by the learned advocate representing the Kolkata Municipal Corporation. The same is kept with the record.

It appears from the report that the premises in question had been inspected and unauthorized construction has been detected. It has been seen that reinforcement has been raised above the ground level. From the local enquiry the names of the person responsible for making such unauthorized construction has been revealed. No valid document in support of the said construction was produced.

A stop work notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 dated 25th June, 2021 was issued. It further appears that the

notice under Section 401 of the Kolkata Municipal Corporation Act which was issued on 25th June, 2021 has been refused to be accepted by the persons responsible for making such unauthorized construction.

The Officer-in-Charge of the Beliaghata Police Station has been intimated about the matter and the police have been requested to take follow up action in prevention of the unauthorized construction.

As it appears from the records that there is unauthorized construction made by the private respondents, accordingly, the officers of the Kolkata Municipal Corporation are directed to take appropriate necessary steps in accordance with law in furtherance of the inspection report.

Necessary steps shall be taken for removal of the unauthorized construction at the earliest, but positively within a period of three months from the date of communication of a copy of this order.

The Officer-in-Charge of the Beliaghata Police Station shall take all necessary steps to ensure that no further construction is being carried on at the premises in question and the Officer-in-Charge shall also render all necessary assistance to the officials of the Kolkata Municipal Corporation at the time of removal of the unauthorized construction, if necessary.

WPA 10677 of 2021 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)