Banani Dutta v. The Kolkata Municipal Municipal Corporation And ORS

OD-2 ORDER SHEET WPO No.358 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE BANANI DUTTA

VERSUS

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:1st May, 2024.

Appearance:

Mr. Soumya Majumder, Adv.

Mr. Raghunath Chakraborty, Adv.

Mr. M. Ahmad, Adv.

...For Petitioner.

Mr. Gurudas Mitra, Adv.

Mr. Swapan Kr. Debnath, Adv.

...For KMC.

Mr. Sujay Bandyopadhyay, Adv.

Mr. Shambhu Mahato, Adv.

Mr. Pradipta Siddhanta, Adv.

...For Respondent No.8.

Mr. Mihir Kundu, Adv.

...for the State.

The Court:- The petitioner initially filed a writ petition being WPO No.81 of 2024 alleging that the Corporation was proceeding to deal with the complaint alleging unauthorized construction without supplying any document. The writ petition was disposed of on 8th February, 2024 by passing necessary orders.

The order was carried in appeal in APOT No. 60 of 2024 with WPO No.81 of 2024 and IA NO: GA/1/2024 which stood disposed of on 13th February, 2024 by directing the Corporation to supply a copy of the spot inspection report and in the course of the demolition proceeding if Kolkata Municipal Corporation prepares any further document, copy of the same shall be served upon the parties.

An application for contempt was filed alleging violation of direction passed by the Hon'ble Division Bench being C.C.No.20 of 2024 which

stood disposed of by the Court on 7th March, 2024 directing the Executive Engineer (Civil), Building Department, Borough-I of the Kolkata Municipal Corporation to conduct a fresh hearing in respect of the subject premises on the basis of the materials as available before him by passing reasoned order within three weeks. It has been admitted that the hearing is continuing. It has been brought to the notice of the Court that the next date of hearing fixed by the Executive Engineer is 6th May, 2024.

The petitioner alleges that the demolition sketch has not been supplied. Learned advocate representing the Corporation has supplied the demolition sketch to the learned advocates representing the petitioner and the private respondent in Court today. The Executive Engineer shall take steps to act in compliance of the direction passed by the Division Bench on 7th March, 2024.

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