Calcutta High CourtWPO/1094/2024disposed

Amitava De Bhowmick And ANR. v. The Kolkata Municipal Municipal Corporation And ORS.

2024-12-04Hon'Ble Justice Kausik Chanda2 pages

OD-7 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/1094/2024 AMITAVA DE BHOWMICK AND ANR.

VS THE KOLKATA MUNICIPAL MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date: 4th December, 2024.

Appearance:

Mr.Kushal Chaterjee, Adv.

Mr. Abhimanyu Banerjee, Adv.

Mr. Anirban Basak, Adv.

...For the petitioner.

Mr. Nilofer Siddique Alam, Adv.

...For respondent No. 5.

Mr. G.C Das, Adv.

...For KMC.

The Court: It is the grievance of the petitioner that the Executive Engineer (Civil-Building), Borough - VI, Building Department, Kolkata Municipal Corporation, issued a notice dated 22nd April, 2024 to him regarding an alleged unauthorized and illegal construction at premises No. 53/2A, S.N Banerjee Road, Ward No. 53, Borough VI of the Kolkata Municipal Corporation. The petitioner submits that he has not undertaken any construction work. He merely removed the old plaster from the wall of the ground floor of the building to make it damp-proof by re-plastering the wall. He submits that he has made a reply to the notice dated April 22, 2024, by a letter dated April 26, 2024 addressed to the Municipal Commissioner,

Kolkata Municipal Corporation with a copy to the Executive Engineer (CivilBuilding) Borough VI. The petitioner submits that though such representation has not been considered, the Corporation has verbally asked the petitioner not to proceed with the renovation work any further.

I dispose of this writ petition by giving a direction upon Executive Engineer (Civil-Building), Borough (VI), Building Department, Kolkata Municipal Corporation to consider the reply of the petitioner appearing at page 84 of this writ petition within a period of two weeks from date. If necessary, the Executive Engineer shall hear the petitioner. The petitioner shall be communicated the decision on the petitioner's reply immediately. WPO/1094/2024 stands disposed of.

(KAUSIK CHANDA, J.) R.D Barua/JM