Bikram Khatick v. State Of West Bengal

20.09.2021 Sl. No.11 srm W.P.A. No. 9205 of 2020 Bikram Khatick Vs.

The State of West Bengal & Ors.

Mr. Asis Bhattacharyya ...for the Petitioner.

Mr. Ranajit Chatterjee, Mr. Subhranshu Panda ...for the Kolkata Municipal Corporation.

Mr. Arjun Roy Mukherjee, Mr. Arunava Maiti ...for the State.

Despite service, none appears on behalf of the respondent Nos.9 to 12. Affidavit of service is taken on record. Mr. Panda, learned Advocate appearing on behalf of the Kolkata Municipal Corporation, submits on instruction, that upon inspection of the premises some unauthorised construction was prima facie detected and a stop work notice has been issued.

Under such circumstances, the writ petition is disposed of without any further order save and except that the corporation shall proceed in accordance with law and take steps as provided by the statute. The corporation shall conduct an inspection in presence of all the parties. A copy of the inspection report shall be supplied to all the parties and all the parties should be given a hearing before any order is passed

by the corporation. On the basis of what transpires at the time of hearing and during inspection, the proceedings shall be reached to its logical conclusion.

This Court has not gone into the merits of the case and the entire issue shall be decided independently by the corporation and a reasoned order shall be passed and communicated to all concerned.

The entire exercise shall be completed within a period of four months from the date of communication of this order. There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)