Braboune Properties Pvt Ltd And ANR v. Kmc And ORS

Ct No24 20.04 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 20158 of 2021 Brabourne Properties Pvt. Ltd & Anr.

Vs The Kolkata Municipal Corporation & Ors.

Ms. Koyeli Bhattacharya Mr. Debasish Sarkar ... For the Petitioners.

Mr. Alak Kumar Ghoah Mr. Arijit Dey ... For the Kolkata Municipal Corporation.

Mr. Srijan Nayek Ms. Rituparna Maitra ... For the State.

A report dated 12th April, 2023 signed by the Assistant Engineer (Civil)/Building and Executive Engineer (Civil)/Building/Borough IV and V of the Corporation has been placed in Court.

The list of documents required for allowing the prayer of the petitioners for reconstruction/strengthening work is mentioned therein.

In addition to the documents, the petitioners are required to follow the requirements of Section 394 of the KMC Act, 1980 and Rule 4 of the KMC Building Rules, 2009.

The petitioners have also been informed about the No Objection Certificate to be obtained from the BSNL regarding microwave system for telecommunication purpose.

The petitioners are directed to comply the formalities as indicated in the report.

Upon compliance of necessary formalities, the Corporation shall take steps for considering the prayer of the petitioners for permitting them to make addition/alteration/re-strengthening of the subject premises at the earliest, but positively within a period of twelve weeks from the date of compliance of all necessary formalities. The Corporation shall intimate the petitioners whether any other formalities apart from the above are required to be complied by them.

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.)