Sushil Choubey v. The Kolkata Municipal Corporation And ORS

OD-4 ORDER SHEET WPO No.49 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SUSHIL CHOUBEY

VERSUS

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 6th March, 2024.

Appearance:

Mr. Sounak Bhattacharjee Adv.

Mr. Sounak Mandal, Adv.

Mr. Abhirup Halder Adv.

...For Petitioner.

Mr. Biswajit Mukherjee, Adv.

Mr. Swapan Kr. Debnath, Adv.

...For KMC.

Mr. Chayan Gupta, Adv.

Mr. Ritwick Chowdhury, Adv.

Mr. Niladri Banerjee, Adv.

Mr. Deepankar Thakur, Adv.

...For Respondent Nos. 5 to 11.

The Court:- It appears from the submissions made on behalf of both the parties that the talks for settlement between the petitioner and the private respondents have failed.

The private respondents raise an issue with regard to the area of the newly constructed building that will be handed over to them. The other issue is the rehabilitation during the period when the construction will be in progress.

Upon hearing the parties, it appears that the disputes raised in the writ petition cannot be adjudicated by the Writ Court. An order under Section 412A of the Kolkata Municipal Corporation Act, 1980 has already been issued.

It will be open for the parties to approach the appropriate forum for relief.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm