Nasre Alam v. The Kolkata Municipal Corporation And ORS.

08.10.24 Ct. No.551 Sws.M WPA 18071 of 2024 Masre Alam Vs.

The Kolkata Municipal Corporation & Ors.

Mr. Dinendranath Chatterjee Mr. Partha Sengupta Mr. Biswaroop Sengupta ....for the petitioner Mr. Achintya Kumar Banerjee Mr. Dipankar Ghosh ....for the KMC 1.The affidavit-of-service as filed in Court today is taken on record.

2.The report dated 25.09.2024 as submitted by the respondent/KMC is taken on record.

3.By filing the instant writ petition, the petitioner alleges illegal construction at premises No. 19/5/H/1/1, Beliaghata Main Road, Post Office and Police Station - Beliaghata under Ward No. - 34, Borough - III. 4.On perusal of the report as submitted on behalf of the Kolkata Municipal Corporation, the following is noticed: "This is case of unauthorized construction without any sanction plan from KMC Authority. Upon receiving complaint, a departmental inspection was carried out on dated 01/08/2024 and it was found that the person responsible Promilabala Roy & Others constructed newly one storied unauthorized RCC frame structure without having sanction from KMC"

5. It thus reveals from the report of the KMC that in the aforementioned building newly unauthorized one storied structure has been constructed.

6. The report further indicates that notice under Section 401 of the KMC Act, 1980 has also been issued upon

the person responsible who is the private respondent No. 9 herein.

7. Such being the position, while disposing of the instant writ petition, this Court directs the respondent No. 2, that is, the KMC to immediately proceed under Section 400 of the KMC Act, 1980 as against the private respondent and such proceeding is to be concluded within the last day of January, 2025.

8. It is needless to mention that prior to initiation of proceeding under Section 400 of the aforementioned Act, the KMC shall cause notice upon the writ petitioner as well as the private respondent and after hearing them shall pass a reasoned order in accordance with law.

9. The learned advocate for the KMC is requested to communicate this order to the respondent authorities. 10.

The respondent authorities are directed to act on the server copy of this order.

(Partha Sarathi Sen, J.)