Jyotsna Mondal And ANR v. State Of West Bengal And ORS.

14-12-2022 Item No.48 Subrata Bhattacharyya

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.11992 of 2022 Smt. Jyotsna Mondal & Anr.

-vsThe State of West Bengal & Ors.

Mr. Manik Lal Poddar Mr. Arnab Kumar Roy ...for the petitioners Mr. Surojit Dasgupta Mr. Soumya Nag ...for respondents no.7 & 8 The petitioners complain of illegal and unauthorised construction at the instance of the seventh and eighth respondents. The petitioners allege that the objection filed before the Kolkata Municipal Corporation has not been taken up for consideration till date.

On a perusal of the objection filed by the petitioners, it appears that the same is absolutely vague. The details of the alleged illegal and unauthorised construction is not mentioned therein. Apart from the expression that forceful illegal construction is being made, the nature and extent of the alleged construction has not been disclosed. Learned advocate representing the private respondents denies the allegation made by the petitioners. In view of the above, it will be open for the petitioners to make appropriate representation before the concerned authority of the Corporation highlighting the nature and extent of the alleged unauthorised construction made by the private respondents.

In the event such representation is made, the same shall be considered by the respondent authority in

accordance with law, after giving reasonable opportunity of hearing to all the necessary parties.

With the above, the writ petition stands disposed of. No order as to costs.

Certified copy of this order, if applied for, shall be made available to the parties upon compliance of all legal formalities.

[Amrita Sinha, J]