Abdul Kayum v. Kolkata Municipal Corporation And ORS

Item No. 23 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 22.12.2022 Ct-24 WPA 20640 of 2022 Abdul Kayum v.

The Kolkata Municipal Corporation & Ors.

Mr. Subhojit Seal ... for the petitioner.

Mr. Ansar Mondal Mr. Sougata Mitra ... for the State.

Mr. Barin Banerjee Mr. Fazlul Haque ... for KMC.

Ms. Shaila Afrin Ms. Rafat Jahan ... for the respondent no. 8.

Learned advocate representing the petitioner submits that the premises in question falls within Borough-V of the Kolkata Municipal Corporation. The complaint of unauthorized construction has been addressed to the Executive Engineer, Borough-IV. The petitioner will be at liberty to file fresh application before the appropriate authority giving details of the alleged unauthorized construction made at the subject premises.

In the event, such a representation is made, the same shall be considered by the Executive Engineer(C)/Bldg, Borough-5 in accordance with law after giving reasonable opportunity of hearing to all the necessary parties. A reasoned order shall be passed and communicated to the parties.

In the event, it transpires that there is any illegal and unauthorized construction, the concerned Executive Engineer shall take steps to deal with the same in accordance with law.

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.

sh (Amrita Sinha, J.)