Ayesha Bibi And ANR v. Kolkata Municipal Corporation And ORS

29.08.2023 Court No. 24 A.G.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 11721 of 2023 Ayesha Bibi & Anr.

-versus Kolkata Municipal Corporation & Ors.

Ms. Ishita Kundu ...For the Petitioners.

Mr. Purnasis Bhuniya ... For the Kolkata Municipal Corporation.

The petitioners filed the instant writ petition challenging the unauthorised construction made at premises no. 18A, Ahiripukur, 2nd Lane, Ward No. 69, Borough-VIII under the jurisdiction of Kolkata Municipal Corporation.

The petitioners have intimated to their learned advocate on record by communication dated 7th August, 2023 that they do not intend to proceed with the writ petition any further.

Learned advocate representing the Kolkata Municipal Corporation has received instruction from the Engineers wherefrom it appears that person(s) responsible constructed additional floor in deviation of the sanctioned plan. The Corporation has taken steps under Section 401(A) of the Kolkata Municipal Corporation Act, 1980.

The instruction provided by the engineers further mentions that despite stop work notice, the person(s) responsible are continuing with the construction work. As the petitioners do not intend to proceed with the writ petition, the writ petition stands dismissed as 'not pressed'.

Dismissal of the writ petition will not stand in the way of the Kolkata Municipal Corportion to take steps to deal with the unauthorised construction at the subject premises in accordance with the law.

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

( Amrita Sinha, J.)