Mr Mahendra Gupta And ORS v. The Kolkata Municipal Corporation And ORS

OD -5 ORDER SHEET WPO No.596 of 2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE MR. MAHENDRA GUPTA & ORS.

VS THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:30th March, 2023.

Appearance:

Mr. N. Chowdhury, Adv.

Mr. T. Mookherjee, Adv Ms. A. Poddar, Adv.

...For the Petitioners.

Mr. Gurudas Mitra, Sr. Adv.

Ms. Paramita Pal, Adv.

...For the KMC.

Mr. S. Nag, Adv.

Mr. A. Guha, Adv.

Ms. A. Chopra, Adv.

...for the Respondent No.6.

The Court:-Let a copy of the report filed by the Sub-Assistant Engineer (Civil) Building, Assistant Engineer (Civil) Building and the Executive Engineer (Civil) Building, Borough Nos. IV & V signed on 28.03.2023 be circulated amongst the parties.

It appears there from that the premises in question was inspected in presence of both the parties. The authority detected unauthorized construction and issued notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 with intimation to the local police station (Amherst Street). The case file is under process under Section 400 of the Kolkata Municipal Corporation Act, 1980.

The parties will be at liberty to take appropriate steps before the concerned officer. The Kolkata Municipal Corporation shall take steps in accordance with law to deal with any unauthorized construction at the subject premises.

The Executive Engineer of the concerned borough shall ensure that no further unauthorized construction takes place at the subject premises. The writ petition stands disposed of.

Report filed by the engineers of the Kolkata Municipal Corporation be retained with the records.

Urgent certified photocopy of this order, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities.

(AMRITA SINHA, J.) nm