D And I Taxcon Services Pvt Ltd. v. Kmc And ORS

ORDER SHEET WPO/153/2021

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE D & I TAXCON SERVICE PVT. LTD.

VS KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 8th April, 2021.

Appearance:

Mr. Tapas Dutta, Adv.

..for the Petitioner.

Mr. Ranajit Chatterjee, Adv.

Mr. Mihir Kundu, Adv.

..for KMC.

Mr. Suddhasatva Banerjee, Adv.

Ms. Sanjukta Ray, Adv.

..for Respondent no. 6.

The Court:- The petitioner is aggrieved by the notice dated 14th July, 2020 which has been issued in favour of the respondent no.6 being Narnolia Financial Advisor Limited by mentioning the said Company as the 'person responsible' for making unauthorized construction. In the body of the said notice issued under Section 400(1) of the Kolkata Municipal Corporation Act, 1980 it has been specifically mentioned that Narnolia Financial Advisor Limited is the added respondent in WPO No.140 of 2019.

A co-ordinate Bench of this Court by order dated 2nd March, 2020 passed in WPO No.140 of 2019 with GA No.1767 of 2019 with GA No.1560 of 2019 directed the Corporation to call for hearing the petitioner and private respondents, including added parties.

Narnolia Financial Advisor Limited is the added party in the aforesaid writ petition and in compliance of the direction passed by the Court on 2nd March,

2020 the Corporation issued the notice in favour of the private respondent no.6 herein.

I do not see any illegality in issuance of the said notice upon the private respondent no. 6 herein. Accordingly, prayer of the petitioner for not giving effect to the said notice cannot be accepted.

WPO No.153 of 2021 is dismissed.

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