Soumitra Banerji And ANR v. The Kolkata Municipal Corporation And ORS

OD 2 WPO 104 of 2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SOUMITRA BANERJI AND ANR

VERSUS

THE KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 6th July, 2021.

APPEARANCE:

Mr. Raghunath Chakraborty,Adv.

....for the petitioners Mr. Indranil Nandi,Adv.

Mr. Ranajit Chatterjee,Adv.

Mr. Saurav Chaudhuri,Adv.

Mr. Sayak Konar,Adv.

....for the respondents The Court :- Having heard Mr. Chakraborty, learned Advocate for the petitioners and Mr. Chatterjee, learned Advocate for the Kolkata Municipal Corporation, this Court is of the opinion that the writ petition lacks material particulars. The petitioners are granted liberty to approach the competent authority of the Kolkata Municipal Corporation on the allegations of unauthorised construction over the property situated at premises no. 7, Tara Chand Dutta Street, Kolkata - 700073. If such

complaint/representation is made, then the same shall be disposed of within six weeks and in accordance with law. Be it mentioned that before the authorities come to a conclusion, a joint inspection shall be held in the presence of the petitioners as also the representative of the respondent no.

8. Minutes of inspection shall be signed by both the parties. Inspection report should be served upon both the parties and the final decision in this regard shall be taken by the authorities upon giving an opportunity of hearing to all concerned. In case unauthorized construction is detected the authorities shall act in accordance with law. The final decision shall be communicated to the parties.

This writ petition is thus disposed.

There will be no order as to costs.

This Court has not gone into the merits of the claim of the petitioners. (SHAMPA SARKAR, J.) S.Chandra