Calcutta High CourtCO/3089/2024disposed

Sri Nirwair Singh v. Sri Somnath Sinha

2025-06-16Hon'Ble Justice Biswajit Basu1 pages

S/L 1 16.06.2025 Court No.17 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 3089 of 2024 CAN 1 of 2024 Sri Nirwair Singh Vs.

Sri Somnath Sinha Mr. Ranajit Chatterjee Mr. Partha Sarathi Mullick Mr. Prasenjit De ... for the Petitioner.

Mr. Kaustav Chandra Das ... for the Opposite Party.

Mr. Swapan Kumar Debnath ... for the KMC.

Mr. Debnath, learned advocate for the Kolkata Municipal Corporation files a joint report dated June 11, 2025 of the Executive Engineer (Civil) and Assistant Engineer (Civil), Building Department, Br.-VIII which says as follows:- "After submission of proper proposal drawing for underground water reservoir within the existing covered space by the applicant U/R 3(2) of the KMC Building Rule 2009, this department sanctioned the propose underground reservoir in the kitchen portion at ground floor of the said premises U/R 3(2) of the KMC Building Rule 2009 approved by E.E.(C)/Bldg dated 02/06/2025. Sanction has been accorded to the applicant on 05/06/2025 after deposition of necessary fees & charges and subject to the condition that the applicant will strictly comply Rule 138 of the KMC Building Rule 2009 along with engagement of an Empanelled Structural Engineer of the Kolkata Municipal Corporation."

Considering the said report, the petitioner is permitted to execute the work strictly in compliance with the permission and/or sanction given by the Kolkata Municipal Corporation. The order impugned therefore is modified accordingly. CO 3089 of 2024 is disposed of without any order as to costs.

In view of the disposal of the revisional application, the application for modification of the order dated October 1, 2024 being CAN 1 of 2024 is also disposed of without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)