Neelmani Bhartiya v. Kolkata Municipal Corporation And ORS.

WPA 16454 of 2024 Neelmani Bhartiya Vs.

The Kolkata Municipal Corporation & Ors.

Mr. Sayak Chakraborty, Mr. Writabrata Roy ...for the Petitioner Mr. N. C. Bihani, Ms. Debangana Dey Nayak ...for KMC Mr. Siddhartha Lahiri, Mr. Debraj Dutta ...for Respondent Nos. 7 to 10 24-09-2024 AKG Ct. 15 The petitioner is a flat owner in a building located at 23A, Ashutosh Chowdhury Avenue, Police Station- Ballygunge, Kolkata - 700 019. He alleges unauthorised construction undertaken by the flat owners association namely, Tirumani Flat Owners Association.

The learned advocate representing the Tirumani Flat Owners Association contends that the nature of the construction carried out by the association is purely temporary and does not fall under the provisions of the Kolkata Municipal Corporation Act, 1980, or the Kolkata Municipal Corporation Building Rules, 1990.

It appears that the Corporation has already initiated proceedings under Section 400 (1) of the Kolkata Municipal Corporation Act, 1980, based on the complaint lodged by the petitioner. Additionally, the

parties have submitted that a hearing took place on September 9, 2024.

Without delving into the merits of this writ petition, I hereby dispose of the same with a directive to the Special Officer (Building) of Kolkata Municipal Corporation to conclude the proceedings within three months from the date of communication of this order, ensuring that all concerned parties are provided with an opportunity for a hearing.

Accordingly, WPA 16454 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)