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Calcutta High CourtWPA/13607/2019disposed

Md. Ashraf v. Kolkata Municipal Corporation & ORS

2020-12-17Hon'Ble Justice Arindam Sinha2 pages

17.12.2020 RP Ct.04 WPA No.13607 of 2019 Md. Ashraf

Versus

The Kolkata Municipal Corporation & Ors.

Ms. Paramita Maity .... For Petitioner Mr. Barin Banerjee Ms. Tanushree Dasgupta .... For KMC Mr. Tapas Kumar Adhikari Mr. Somraj Dhar .... For State Ms. Maity, learned advocate appears on behalf of petitioner and moves the writ petition. He submits, his client is a tenant in respect of one room in ground floor of premises no.21A, Hossain Shah Road, P.S. Ekbalpur, Kolkata-700023. His client made complaint dated 5th July, 2019 to the Corporation regarding his grievance of unauthorized construction being made at the premises. Mr. Banerjee, learned advocate appears on behalf of the Corporation and submits, the matter has been taken cognizance of by his client. Notice under section 400(1) in Kolkata Municipal Corporation Act, 1980 is to be issued upon persons responsible, for demolition proceeding to follow. State is represented.

Court relies on submission made on behalf of the Corporation. The notice must be issued within two weeks from date. Demolition proceeding will be commenced forthwith thereafter and concluded within four weeks from commencement. Decision taken in the proceeding is to be

executed. In event the Corporation finds there is no cause for demolition it will communicate the reason to petitioner. With the above, the writ petition is disposed of. (Arindam Sinha, J.)