Krishna Chandra Dutta (Spice) Private Limited And ANR. v. Kolkata Municipal Corporation And ANR.

OD-SL-3 IA No: GA 1 of 2020 In WPO 287 of 2020

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE (Via Video Conference) KRISHNA CHANDRA DUTTA (SPICE) PRIVATE LIMITED AND ANR.

Versus

KOLKATA MUNICIPAL CORPORATION AND ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 30th September, 2020.

Appearance:- Mr.Mainak Bose, Adv.

Mr.Shaunak Mitra, Adv.

Mr.Sachin Shukla, Adv.

Mr.Debdatta Roychowdhury, Adv.

..for the petitioners.

Mr.Alok Kumar Ghosh, Adv.

Mr.Gopal Chandra Das, Adv.

..for K.M.C.

The Court : The grievance of the petitioners is directed against the refusal of the respondent Corporation to consider and dispose of the representation dated 11th December, 2019 for extension of a sanction plan to complete the installation of the lift in the premises in question. Mr. Ghosh, learned counsel appearing on behalf of the Corporation submits that the representation (being annexure P-27 at page 145 of the petition) cannot be entertained because there is no scope for extension after

the expiry of two years and the petitioners are bound to furnish a fresh application for fresh sanction.

I am of the view that it is unfortunate that the Corporation authorities have sat for more than a period of six months over the representation of the petitioner without informing the petitioners that they ought to have applied for a fresh sanction and that their representation was not in form. In any event, Mr. Bose, learned counsel appearing on behalf of the petitioners fairly submits that he is ready to furnish a fresh application for a fresh sanction within a period of two weeks from date. It is made clear that if such application is applied for within a period of two weeks from date, the respondent authorities will consider and dispose of the same in accordance with law within a period of four weeks from date of receipt of such application by the petitioners. In view of the aforesaid, nothing survives in the writ petition. Accordingly, WPO No. 287 of 2020 is disposed of. (RAVI KRISHAN KAPUR, J.) D.Ghosh