Mohammad Sikandar v. The Municipal Commissioner, Kolkata Municipal Commissioner And Others

Court No. 24 WPA 28617 of 2022 01.04.2024 Mohammad Sikandar (A 38) Vs.

The Municipal Commissioner, Kolkata Municipal (S. Banerjee) Corporation & Ors.

Ms. Amrin Khatoon ...for the petitioner Ms. Munmun Tewary Mr. Sanatan Panja ...for the State The petitioner complains of illegal and unauthorized construction made at the behest of the private respondent at 10/6, Kasai Basti, 1st Lane, P.S. - Narkeldanga, under Borough III of the Kolkata Municipal Corporation. Objection lodged against such unauthorized construction is pending consideration till date.

None represents the private respondents or the Kolkata Municipal Corporation.

Affidavit of service is taken on record.

In view of the order that I propose to pass, none of the non-appearing respondents will be prejudiced if the writ petition is disposed of in the following manner.

The petitioner complains that the objection raised against such illegal construction has not been considered by the respondent authorities 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 being the Executive Engineer, Building Department 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. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction. 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.

Learned advocate appearing for the petitioner is directed to forward a copy of the representation dated 29th November, 2022 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.

(Amrita Sinha, J.)