Abbas Ali Molla v. State Of West Bengal And ORS.

04.12.2020 Item No.7 Ct. No.24 CHC W.P.A.7719 of 2020 (Via Video Conference) Abbas Ali Molla Vs.

The State of West Bengal & ors.

Mr. Biswarup Biswas, Mr. Gora Chand Samanta ...for the Petitioner Mr. Ranajit Chatterjee, Ms. Tanushree DasGupta ...for the KMC Mr. Amitesh Banerjee ...for the State Mr. Sounak Bhattacharya ...for the private respondent no.11 Petitioner complains of unauthorized construction. Private respondent no.11 is represented.

State is represented.

Learned advocate appearing for the Corporation submits that the Corporation invoked provisions of Section 401 of the Kolkata Municipal Corporation Act, 1980 and issued stop work notice. The Corporation also intimated the police.

In such circumstances, since the Corporation Authorities are of the view that there are

unauthorized construction, it will initiate proceeding under Section 400(1) of the Act of 1980.

The issue as to whether there exists any unauthorized construction is kept open to be decided in such proceeding. The authorities will no doubt afford the private parties a reasonable opportunity of hearing. It is expected that the entire proceeding is concluded within a period of eight weeks from the date of communication of this order.

W.P.A.7719 of 2020 is disposed of.

(Debangsu Basak, J.)