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Calcutta High CourtWPO/388/2024disposed

Amit Kumar Dutta And ORS v. Kolkata Municipal Corporation And ORS

2024-05-07Hon'Ble Justice Amrita Sinha2 pages

OD-11 WPO No.388 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE AMIT KUMAR DUTTA & ORS.

VS KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 7th May, 2024.

Appearance:

Mr. Abhinandan Dutta in person ...for the petitioners.

Mr. Gurudas Mitra, Adv.

Mr. Dwijadas Chakraborty, Adv.

...for K.M.C.

Mr. Rajsekhar Basu, Adv.

...for State.

The Court:- Mr. Abhinandan Dutta appears in person and makes submission on behalf of the petitioners.

Complaint is with regard to unauthorized construction at premises nos. 32 & 33, Ismail Street, Kolkata-700014.

It appears that objection against such unauthorized construction was filed long back but steps were not taken in the right earnest to proceed with such complaint. There has been enough delay in proceeding with the issue of unauthorized construction at the subject premises. Nonetheless as the petitioners insist that unauthorized construction exists at the subject premises, accordingly, leave is granted to the petitioners

to file comprehensive representation highlighting the illegality of the constructions that have been made. If such representation is filed, the same shall be considered and disposed of by the Executive Engineer of the concerned borough in accordance with law, after giving reasonable opportunity of hearing to all the necessary parties, at the earliest by passing a reasoned order. If any remedial measure is to be taken, the same shall be taken in accordance with law immediately thereafter.

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