Sabita Das v. The Kolkata Municipal Corporation And ORS.

OD-6 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO No.1519 of 2023 SABITA DAS -Versus- THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:29th August, 2023.

Appearance:

Mr. Anindya Bose, Adv.

Mr. Amit Gupta, Adv.

Mr. Mridul Biswas, Adv.

...for the Petitioner.

Mr. Biswajit Mukherjee, Adv.

Ms. Tanushree Dasgupta, Adv.

...for the KMC.

The Court:-The matter relates to the premises No.42/1, Dr. Lalmohan Bhattacharjee Road, Ward No.55, Borough-VI, Kolkata-700014. A notice under Section 401 of the Kolkata Municipal Corporation Act was issued in favour of one Md. Shohid Ahmed. The petitioner admits that she entrusted the work of development of the said property upon the said Md. Shohid Ahmed.

The petitioner submits that the construction was being made in accordance with plan sanctioned but there may be some deviation. The petitioner seeks regularisation of the deviated portion. I have heard the submissions made on behalf of the parties and I have perused the materials on records.

It appears that a notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 has been issued.

It will be open for the competent authority of the Kolkata Municipal Corporation to take consequential steps in the matter in accordance with law. Writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record. 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