M/S. Ogarhmall Choudhary Sales And Agencies Pvt Ltd & ANR v. Kolkata Municipal Corporation & ORS

OD-2

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/577/2018 M/S. OGARHMALL CHOUDHARY SALES AND AGENCIES PVT LTD & ANR VS KOLKATA MUNICIPAL CORPORATION & ORS ..........

BEFORE :

THE HON'BLE JUSTICE SAUGATA BHATTACHARYYA Date : 24th April, 2024.

Mr. A. Agarwal, Adv.; Mr. N. Sengupta, Adv.; Mr. S. Banerjee, Adv., for petitioner.

Mr. B. Mukherjee, Ad.; Mr. D. Mondal, Adv., for KMC. Mr. S.K. Mitra, Adv.; Mr. S. Das, Adv., for respondent no.7. The Court : - The writ petition is taken up for consideration pursuant to the order dated 28th February, 2024 when a supplementary affidavit affirmed on behalf of the petitioners is placed before this Court and the same is taken on record.

On perusal of the said supplementary affidavit, it appears that the Director, West Bengal Fire and Emergency Services, by issuing Memo dated 16th April, 2024 communicated that the submitted plan was scrutinised by the Technical Expert Committee and made necessary recommendations for

ensuring fire safety measures at the proposed construction in question in the building situates at 5, Rabindra Sarani, Kolkata. It further appears that the fire safety measures are delineated in the said memo dated 16th April, 2024 which needs to be complied with by the petitioners. It has been submitted on behalf of the petitioners that till date the concerned authority of Kolkata Municipal Corporation has not been able to grant sanctioned plan due to want of fire safety recommendations. Since revised recommendations have been issued vide memo dated 16th April, 2024, the concerned authority of Kolkata Municipal Corporation is directed to take decision on the application of the petitioners seeking sanctioned plan within a period of eight weeks from the date of communication of this order. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

(SAUGATA BHATTACHARYYA, J.) tk