Gopal Prasad Gupta v. The Kolkata Municipal Municipal Corporation And ORS.

OD-13 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPO/1076/2024

IN THE MATTER OF :

GOPAL PRASAD GUPTA VS THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date: 27th November, 2024.

APPEARANCE:

Mr. Amit Gupta, Adv.

Ms. Debangana Dey Nayak, Adv.

For petitioner Mr. Gopal Ch. Das, Adv.

Ms. Gulnaz Quraqishi, Adv.

For KMC The Court : Report filed by the Corporation be kept with the record. It appears that the Corporation has already demolished a portion of the staircase in the building at premises no.23/1A, Tarak Chatterjee Lane, Kolkata-700 005. Learned advocate appearing for the petitioner submits that the demolition work has been executed invoking under Section 400(8) of the Kolkata Municipal Corporation Act, 1980, although, the respondent no.5 has withdrawn the complaint before the Corporation, based on which the proceeding for demolition was initiated.

I do not find any scope to interfere at this stage since the demolition

order has already been executed.

I, however, grant liberty to the petitioner to make an application before the Corporation for obtaining the sanctioned plan to reconstruct the staircase. Accordingly, WPO No. 1076 of 2024 is disposed of. .

(KAUSIK CHANDA, J.) Sb/