Shahnaz Begum v. Kolkata Municipal Corporation & ORS

07.03.2024 Ct. No. 15 adeb W.P.A. 12742 of 2019 Shahnaz Begum Vs.

Kolkata Municipal Corporation & Ors.

Mr. Imtiaz Ahmed Ms. Ghazala Firdous Mr. S.K. Saidullah Mr. Mithun Mandal Mr. Md. Arsalan ...for the petitioner Mr. Debjit Mukherjee Mrs. Rupsha Chakraborty ...for the State In the writ petition allegation has been made against the private respondents that without obtaining sanctioned plan private respondents were about to make construction. The writ petition was considered by the coordinate Bench on 11th September, 2019 directing the concerned authority of Kolkata Municipal Corporation to carry out an inspection of the premises in question and file a report.

In the meantime more than four years has passed when the writ petition is considered on merit in presence of the learned advocates representing the petitioner and the State-respondents.

It has been fairly submitted by Mr. Imtiaj Ahmed, learned advocate representing the petitioner that after intervention of this Court in this writ petition no construction has been carried out by the private

respondents in spite of the fact that the building materials were stored on the roof of the premises in question.

In view of such submissions it appears that the grievance of the petitioner based on which the writ petition was instituted on 10th July, 2019 stands redressed. But during course of hearing apprehension has been expressed on behalf of the petitioner that at any point of time private respondents may start unauthorized construction.

Having considered these aspects of the matter the present writ petition stands disposed of granting leave to the petitioner to take steps in accordance with law, if private respondents start construction unauthorisedly in future.

However, there shall be no order as to costs. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)