Sk Kabir Uddin v. State Of West Bengal And ORS.

24.03.2023 Item No. 18 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 26714 of 2022 Sk. Kabir Uddin -versus The State of West Bengal & Ors.

Md. Shamim Halder, Mr. S. Barman, ...For the Petitioner.

Mr. Indrajit Bhattacharjee, ... For the respondent no. 6.

Mr. R. N. Chakraborty, Mr. M. Ahmed, ... For the Municipality.

Ms. Sipra Majumdar, Ms. Protiva Ghatak, ... For the State.

Report by the Municipality and the exception thereto filed by the petitioner are taken on record. It appears from the averments made in the said affidavits and the photocopies annexed thereto that the Municipality has taken steps for demolition of the unauthorised construction and substantial portion of the roof of the structure has been demolished. The report of the Municipality mentions that only the ground floor is intact but the floors above in the four storied building has been demolished.

In view of the above, there is no requirement of proceeding with the writ petition any further. In the event the petitioner notices that there is any further unauthorised construction at the subject premises, it will be open for the petitioner to raise further objection before the Municipality.

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.

(Amrita Sinha, J.)