Hamida Khatoon v. The Municipal Commissioner, Kolkata Municipal Corporation And ORS

Item No. ML. 113 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 29.04.2024 Ct-24 AGM WPA 28905 of 2023 Hamida Khatoon v.

The Municipal Commissioner, Kolkata Municipal Corporation & Ors.

Mr. Subhajit Chowdhury.

Mr. Sourav Mondal.

... for the petitioner.

Ms. Piyali Sengupta.

Ms. Dipanita Ganguly.

... For the K.M.C.

Mr. Lalit Mohan Mahata. AGP Mr. Ziaul Haque.

... For the State.

The petitioner complains of illegal and unauthorised construction at the behest of the private respondents at I-161, Kasai Para Lane, Ward No. 135, Borough-XV of the Kolkata Municipal Corporation. In response to the complaint lodged by the petitioner, departmental inspection was conducted and it revealed that unauthorised construction has been made. Stop work notice has been issued within intimation to the police. The file is under process under Section 400 of the KMC Act, 1980.

The report of the Executive Engineer (Civil)/Building/Borough-XV signed on 15.01.2024 is retained with the records.

In view of the order that I propose to pass none of the non-appearing respondents would be prejudiced if the writ petition is disposed of in the following manner. The Executive Engineer is directed to conclude the proceeding in accordance with law at the earliest but positively within a period of sixteen weeks from the date of communication of this order.

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.)