Gargi Dey And ORS. v. The Kolkata Municipal Corporation And ORS.

WPA 25011 of 2024 Gargi Dey & Ors.

Vs.

The Kolkata Municipal Corporation & Ors.

Mr. Chayan Gupta, Mr. Pourush Bandopadhyay, Mr. Shoham Sanyal ...for the Petitioners Mr. N. C. Bihani, Ms. Debangana Dey Nayak, Ms. Shabnam Farooqui ...for KMC Mr. Gopal Ch. Ghosh, Mr. Rajkrishna Mondal ...for Respondent Nos. 4 & 5 10-12-2024 AKG Ct. 15 The facts of this case have been detailed in the order dated October 7, 2024.

In compliance with the said order, the Corporation has submitted a report, which includes, inter alia, the following:

"At present as per departmental inspection, no deviation found beyond sanction plan and no work is going on at said premises. As per sanctioned plan, the proposed installation of lift will not damage any part of kitchen, bed rooms or balcony in the building block A, C and D. But in block B building the proposed lift will be constructed outside the building adjoining to kitchen and bed room where lift lobby will be connected with bed room and kitchen/dining with opening of new doors at different floor level."

The learned advocate appearing for the association submits that the association has already filed a revised plan for Block B and undertakes that no construction

work will be carried out in accordance with the original sanctioned plan.

In light of this, there is no reason to keep this writ petition pending. Accordingly, the writ petition is disposed of, granting the association the liberty to proceed with the installation of lifts in Blocks A, C, and D.

The association shall be permitted to proceed with the installation of lifts in Block B only after obtaining a revised sanctioned plan from the Corporation. Accordingly, WPA 25011 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)