Sarbani Brahma v. Kolkata Municipal Corporation And ORS.

09.01.2025 Item No.7 PG/KS Ct. No.1 W.P.A. (P) 454 of 2024 Sarbani Brahma

Versus

Kolkata Municipal Corporation & Ors.

Mr. Giasul Islam Md. Akbaruzzaman .................For the Petitioner Mr. Jahar Lal De, Ld. A.G.P.

Ms. Tanwishree Mukherjee ................For the State Mr. Achintya Kr. Banerjee Mr. Dipankar Ghosh .....For the K.M.C.

Mr. Somnath Gangopadhyay Mr. Rahul Singh .....For the Respondent No.9

1. This writ petition has been filed as a public interest litigation by a person, who is a resident of Kalighat alleging illegal construction in Premises No.10/2 Gopal Doctor Road, PS Watgunge, Kolkata - 700023.

2. With the very same allegation, a writ petition was filed by one, Sanjit Biswas in W.P.A. 22647 of 2023 in which direction was issued on 7th February, 2024 to the Corporation to take steps against the illegality that has been detected and a time frame was also fixed.

3. The learned advocate appearing for the Corporation submitted that the direction has been complied with. This submission is denied by the learned advocate appearing for the petitioner herein.

4. In any event, the matter having already been dealt with by the learned Single Bench, the question of

entertaining a public interest litigation on the self-same cause of action does not arise.

5. Accordingly, the writ petition is dismissed.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)