Sibsankar Biswas v. State Of West Bengal & ORS

Item No.14 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 16.01.2023 Ct-24 WPA 21783 of 2019 Sibsankar Biswas v.

The State of West Bengal & Ors.

Mr. Alok Kumar Ghosh Mr. Mihir Kundu ... for KMC.

Mr. Tapas Kumar Adhikari ... for the State.

None appears for the petitioner.

The alleged unauthorized construction has since been identified in the presence of the petitioner, the Assessor-Collector, engineers of the Kolkata Municipal Corporation and the Officer-in-Charge, Kasba Police Station.

The premises identified is 28D, Dharmatala Road in between premises nos. 31/1A/1/3 and 29/1B, Dharmatala Road.

The report filed in Court today by the SubAssistant Engineer (C), Assistant Engineer(C) and the Executive Engineer (C)/Bldg., Borough-VII, Kolkata Municipal Corporation signed on January 13, 2023 mentions that the file has been processed under Section 400 of the Kolkata Municipal Corporation Act, 1980. As it appears from the report that unauthorized construction has already been detected, accordingly, the Executive Engineer (C)/Bldg., Borough-VII is directed to

take prompt necessary steps to deal with the unauthorized construction, in accordance with law. The proceeding shall be concluded at the earliest but positively within a period of twelve weeks from the date of communication of a copy of this order. The department is directed to rectify all the records in respect of the subject premises.

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.)