Jyoti Lal Shaw v. The Kolkata Municipal Corporation And Others

OD-18 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/883/2024 JYOTI LAL SHAW VS THE KOLKATA MUNICIPAL CORPORATION AND OTHERS

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date:22nd January, 2025.

Appearance:

Mr. Jagannath Ganguly, Adv.

...for petitioner.

Mr. Srijain Nayak, Adv.

Ms. Gulnaz Quraishi, Adv.

...for K.M.C Mr. DebangshuDinda, Adv.

...for State The Court: The petitioner alleges that unauthorised construction has been carried out at Premises No. 7/1/B, Rai Charan Paul Lane, Kolkata700059, Ward No. 59, Borough No. VII, at the instance of Respondents Nos. 7, 8, and 9, who are his neighbours.

Mr. Srijain Nayak, learned Advocate representing the Kolkata Municipal Corporation, submits, on instructions, that a demolition order regarding the unauthorised construction was issued on 23rd September 2023. Subsequently, an appeal was filed before the Municipal Building Tribunal challenging the demolition order. Due to the pendency of the appeal, the Corporation has refrained from taking further action.

In light of these circumstances, I am not inclined to keep this writ petition pending. The petitioner is granted liberty to file the necessary application in the pending appeal before the Tribunal, seeking redress of his grievances, if any.

Accordingly, WPO/883/2024 is disposed of.

(KAUSIK CHANDA, J.) JM