Madan Lal Shaw v. The Municipal Commissioner And Others

OD -14 WPO/749/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE MADAN LAL SHAW -VERSUSTHE MUNICIPAL COMMISSIONER AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date: January 15, 2025 Appearance:

Mr. Shubham Gupta, Adv.

Mr. Bikash Kumar Singh, Adv.

Mr. Rajsekhar B. Bakshi, Adv.

...for the petitioner.

Ms. Manisha Nath, Adv.

Mr. Sabnam De, Adv.

...for the KMC.

The Court: The petitioner alleges that respondent no. 5 has engaged in unauthorized construction at premises No. 86B, Ahiritola Street, Ward No. 20, Borough-II, under the jurisdiction of the Kolkata Municipal Corporation.

The report submitted by the Corporation today indicates that a stop-work notice was issued in relation to the alleged unauthorized construction on August 23, 2024. The report further reveals that respondent no. 5 is installing a door after demolishing an internal wall adjacent to the lobby of the first floor of the construction. Additionally, during the inspection, it was found that respondent no. 5 had blocked a window and constructed a brick wall, further demolishing an internal wall.

In light of these findings, I am not inclined to keep this writ petition pending. The Corporation is directed to take appropriate steps against the alleged unauthorized construction, if any, in accordance with the law, after providing due opportunity of hearing to respondent no. 5. Accordingly, WPO/749/2024 is disposed of.

(KAUSIK CHANDA, J.) A/s.