Md. Tanveer v. State Of West Bengal And ORS.

Sl.118 11.09.2024 Suman Ct.No.15 WPA 22722 of 2024 Md. Tanveer Vs.

The State of West Bengal and Ors.

Mr. Sounak Bhattacharya Mr. Sounak Mandal ..for the petitioner Mr. Vimal Kumar Shahi Mr. Avishek Sikder ..for KMC Mr. Maloy Krishna De Mr. Milon Kumar Maity ..for the State To challenge the demolition notice under Sections 544 and 546 of the Kolkata Municipal Corporation Act, 1980, primarily, two points have been raised by the petitioner. First, the petitioner contends that he was not heard before the authority and second, he argues that the order of demolition was not communicated to him.

From the records produced by the Corporation before this Court, it appears that the petitioner was duly given notice to attend the hearing but he chose not to attend.

The order of demolition was also sent to him with proper address and postal fees.

This Court will have to presume that the order of demolition was also served upon the petitioner. The petitioner before this Court in challenging the impugned notice could not demonstrate that he raised construction with prior sanction from the Corporation.

In that view of the matter, this Court is not inclined to interfere with the action of the Corporation. Accordingly, WPA 22722 of 2024 is dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for parties on usual undertakings.

(Kausik Chanda, J.)