Swapan Kumar Pan And ORS v. State Of West Bengal And ORS.

ML 182 15.05.2024 d.p.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side W.P.A. 20800 of 2022 Swapan Kumar Pan & Ors.

-versus The State of West Bengal & Ors.

Mr. Mukteswar Maity, Ms. Manika Sarkar.

...For the Petitioners.

Mr. Santanu Kumar Mitra, SGA Ms. Anandamoni Ghosh.

...For the State.

Mr. Iqbal Hussain.

...For the Respondent No.6.

The petitioners seek a direction upon the Kolkata Municipal Corporation for permitting them to construct boundary wall.

Learned advocate appearing on behalf of the private respondent submits, upon instructions that, the petitioners are trying to encroach upon a water body and fill up the same for the purpose of raising construction.

According to the provisions of law, there is no requirement of obtaining permission for construction for boundary wall upto the permissible limit. The prayer of the petitioners seeking permission to construct boundary wall, accordingly, cannot be allowed.

The writ petition fails and is hereby dismissed.

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

( Amrita Sinha, J.)