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Calcutta High CourtWPA/17714/2022disposed

Swapan Kumar Chatterjee v. The Kolkata Municipal Corporation And ORS.

2022-09-30Hon'Ble Justice Amrita Sinha2 pages

30.09.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17714 of 2022 Swapan Kumar Chatterjee -versus Kolkata Municipal Corporation & Ors.

Mr. Biswajit Sau.

...For the Petitioner.

Mr. N.C. Bihani, Ms. Manisha Nath.

...For KMC Mr. Jahar Datta, Mr. Bipin Ghosh.

... For the State Mr. Ramesh Chandra Pandit, Mr. S. Das.

... For the respondent no. 5 Affidavit-of-service filed in Court today is taken on record.

The petitioner prays for implementation of the order dated 1st March, 2019 passed by the Special Officer (Building), Kolkata Municipal Corporation for demolition of the unauthorized construction.

The person responsible for making unauthorized construction preferred an appeal against the order of demolition before the Municipal Building Tribunal which stood dismissed.

Learned advocate appearing for the private respondent submits that a civil revision application has been filed before this Court which is pending consideration. Time has been sought for.

In view of the aforesaid submissions, the Kolkata Municipal Corporation is directed to take steps for execution of the order dated 1st March, 2019 passed by the Special Officer (Building) by 23rd December, 2022 provided the same is not set aside/varied/stayed/modified by any Court of competent jurisdiction.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)