Shazadi Begum And ORS v. The Kolkata Municipal Corporation And ORS

M.220 Ct No24 15.05 .2024 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 22431 of 2022 Shazadi Begum & Ors.

Vs The KMC & Ors.

Mr. Shahjahan Hossain.

Ms. S. Sultan.

... for the Petitioners.

Mr. Himadri Sikhar Chakraborty.

Ms. Susnita Saha.

... for the State.

None represents the KMC and the private respondents.

The petitioners allege that plan has been obtained relying upon fake, forged and manufactured documents. It has been submitted that a part of the subject premises No. 26, Ripon Lane, Kolkata-700 016 is a thika land. The construction has also been made in deviation of the plan sanctioned.

As neither the Corporation nor the private respondents are represented before this Court, the matter cannot be adjudicated conclusively.

The Commissioner, KMC is directed to consider the legal representation dated 2nd September, 2022 in accordance with law after giving reasonable opportunity of hearing to all the necessary parties and to pass a reasoned order.

Steps shall be taken in the matter at the earliest

but positively within a period of twelve weeks from the date of communication of this order.

Learned advocate representing the petitioner is directed to forward a copy of the representation dated 2nd September, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

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.)