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Calcutta High CourtWPO/468/2024disposed

Sabita Halder And ANR v. The Kolkata Municipal Municipal Corporation And ORS

2024-05-17Hon'Ble Justice Amrita Sinha2 pages

OD-7 ORDER SHEET WPO No.468 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SABITA HALDER AND ANR.

VS THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 17th May, 2024.

Appearance:

Mr. Raghunath Chakraborty, Adv.

... for the Petitioners.

Mr. Biswajit Mukherjee, Adv.

Mr. Swapan Kr. Debnath, Adv.

...for KMC.

The Court:-Affidavit of service filed in Court today is taken on record. The matter relates to premises no.18, Purbachal Kalitala Road, Ward No. 106 of the Kolkata Municipal Corporation. Construction thereat was initially found to be an unauthorized one. Proceeding was initiated before the Special Officer [Building] and direction was passed for retention of certain portions upon payment of charges.

The petitioners claim that the payment as directed to be made has already been paid. Right now, the petitioners pray for issuance of the revised sanctioned plan.

From the documents annexed to the writ petition, it appears that a representation was made before the Corporation for issuance of the revised sanctioned plan way back in 2014. The petitioners thereafter did not proceed with the matter. Presently, the petitioners have once again renewed their prayer for issuance of the revised sanctioned plan.

As it appears that there is no recent representation seeking issuance of the revised sanctioned plan, accordingly, leave is granted to the petitioners to make a comprehensive representation annexing all documents in support of their claim

before the Director General [Building]. In the event such representation is made, the same shall be considered in accordance with law and necessary consequential steps taken if the prayer of the petitioners is acceptable. Steps shall be taken in the matter at the earliest upon receipt of the representation from the petitioners.

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