Anand Kumar Shaw v. State Of West Bengal And Others

OD-3 ORDER SHEET WPO No.382 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE ANAND KUMAR SHAW VS.

STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 14th March, 2023.

Mr. Somnath Gangopadhyay, Advocate for the Petitioner. Mr. S. Panda, Ms, I. Bhattacharya, Advocates for KMC. Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Advocates for the State.

Mr. S. Halder, Mr. A. Halder, Advocates for Respondent Nos.6 to 8. The Court:-Learned advocate representing the private respondent submits, upon instruction that, in between the premises nos. 368/12 and 368/13, Roy Bahadur Road, there exists a boundary wall. The same is broken in parts but still plinth level demarcation of the boundary is very clear.

From the above submission it appears that it may not be difficult for the Corporation to identify the structure which has been constructed unauthorizedly. Accordingly, the Kolkata Municipal Corporation is directed to take steps for demolition of the unauthorized construction in accordance with law. Steps shall be taken in the matter after giving a reasonable opportunity of hearing to both the parties. The Kolkata Municipal Corporation shall ensure that unauthorized construction is demolished positively within a period of eight weeks from the date of communication of this order.

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