Sri Arabinda Biswas v. The Kolkata Municipal Corporation And ORS.

Item No. 2 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 20.11.2023 Ct-24 WPA 23550 of 2023 Sri Arabinda Biswas v.

The Kolkata Municipal Corporation & Ors.

Mr. Bratin Kumar Dey Mr. Jaydeep Das ... for the petitioner.

Mr. Achintya Banerjee Mr. Piyali Sengupta ... for KMC.

Mr. Santanu Kumar Mitra Mr. Amartya Pal ... for the State.

Perused the report filed by the Executive Engineer(C), Building Department, Borough-IX of the Kolkata Municipal Corporation. It appears therefrom that the allegation of the petitioner regarding unauthorized construction appears to be correct. The objection filed by the petitioner against the unauthorized construction is pending consideration till date.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no. 3 to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the

petitioner within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. In the event, the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law.

The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The learned advocate for the petitioner is directed to forward the copy of the representations dated June 13, 2023 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.

Sh (Amrita Sinha, J.)