Manoj Sonkar v. The Kolkata Municipal Municipal Corporation And ORS

OD-4 ORDER SHEET WPO No.195 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE MANOJ SONKAR

VERSUS

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 22nd April, 2024.

Appearance:

Mr. Jagannath Ganguly, Adv.

...for Petitioner.

Mr. Alak Kr. Ghosh, Adv.

Mr. Swapan Kr. Debnath, Adv.

...for KMC.

Mr. Niloy Sengupta, Adv.

Mr. Sujit Banerjee, Adv.

...for Private Respondent.

The Court:- In terms of the direction passed by this Court an inspection was conducted at premises no.169, Ahiritola Street, Ward No. 19, Borough-II of the Kolkata Municipal Corporation when the officers of the Corporation failed to detect any unauthorized construction. The structure in question was found to be more than 100 years old.

As no new unauthorized construction could be found, accordingly, the prayer of the petitioner for demolition of the unauthorized construction cannot be accepted.

The writ petition fails and is hereby dismissed. Report filed by the executive engineer of the Corporation signed on 20.04. 2024 be retained with the records.

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