Jinnat Ara Bibi v. The State Of West Bengal And ORS

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/247/2021 JINNAT ARA BIBI

Versus

THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 19th July, 2021.

Appearance :

Mr. M. Das, Adv.

Mr. Raja Adhikary , Adv.

... for the petitioner.

Mr. Debjit Mukherjee, Adv.

Ms. Susmita Chatterjee, Adv.

... for the KMC.

Ms. Sipra Mazumdar, Adv.

Ms. Debarati Sen Bose, Adv.

... for the respondent no.6.

The Court: The writ petition has been filed challenging inaction on the part of the Kolkata Municipal Corporation in taking steps against the alleged illegal construction on premises no.74, Prince Rahimuddin Lane, Police Station- Charu Market, Kolkata-700033. It is alleged that the illegal construction has been carried on the said premises in the absence of a building plan.

Mr. Debjit Mukherjee, learned Advocate appearing on behalf of the Kolkata Municipal Corporation submits that the writ petition does not merit any interference as the Kolkata Municipal Corporation has already taken steps in this regard. He has handed over a copy of a report prepared by the competent authority of the Corporation indicating that

stop work notice has already been issued under Section 401 of the Kolkata Municipal Corporation Act, 1980 on May 21, 2021. It appears from the report that a stop work notice has been issued and the respondents are proceeding with the matter in accordance with law. Mr. Mukherjee further submits that the Kolkata Municipal Corporation shall conclude the proceeding expeditiously. Under such circumstances, this writ petition is disposed of with the above observations and taking note of the submission of Mr. Mukherjee that the Kolkata Municipal Corporation have acted promptly in the matter and are ready to reach the proceedings to its logical conclusion in accordance with law.

Under such circumstances, no order need be passed, except that the proceedings should be concluded in accordance with law and upon hearing all parties within four months.

(SHAMPA SARKAR, J.) mg