M/S Bireswar Dutt Estates Private Limited & ANR v. Kolkata Municipal Corporation & ORS

05.08.2021 Ct. No. 8 adeb W.P.A 11005 of 2019 M/s. Bireswar Dutt Estates Pvt. Ltd. & Anr.

Vs.

The Kolkata Municipal Corporation & Ors.

(Via Video Conference) Mrs. Seba Roy Mr. Bhaskar Sengupta ..... for the petitioners Mr. Santanu Kumar Mitra ..for the State Mr. Alok Kumar Ghosh Mr. Arijit Dey ..for the KMC Mrs. Runu Chowdhury ..for the respondent no. 16 The writ petition is taken up for consideration subsequently to the order dated July 19, 2021. Report as called for from the Corporation filed in court be taken on record.

According to the Corporation, no new construction occurred at the premises, which is old and dilapidated.

As noted in the order dated July 19, 2021, the petitioner is before the court with two fold prayers One is that the private respondents are running a boarding house without requisite license and other is unauthorized construction.

So far as running a boarding house without license is concerned, the learned advocate for the Corporation submitted that license were granted to the private respondents to run the boarding house and such submission was recorded by the order dated July 19, 2021.

No fresh material is placed before court to revisit such issue.

So far as the other issue of unauthorized construction is concerned, corporation submitted a report to claim that no new construction is there in the premises.

In such circumstances, no further interference is called for by the writ court.

WPA 11005 of 2019 is disposed of accordingly. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Debangsu Basak, J.)