Saurav Kumar Dutt v. The Kolkata Municipal Corporation And ORS

OD-5 ORDER SHEET WPO No.1619 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SAURAV KUMAR DUTT -Versus- THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:26th September, 2023.

Appearance:

Ms. Sreyanshi Majumdar, Adv.

...for Petitioner.

Mr. Srijan Nayak , Adv.

Mr. Dwijadas Chakraborty, Adv.

...for KMC.

The Court:-The petitioner complains that certain unauthorized constructions have been made on the public land without obtaining any permission from the Kolkata Municipal Corporation. A complaint has been lodged before the Kolkata Municipal Corporation on 10th August, 2023. The same is yet to be considered and disposed of.

As it appears that the objection filed before the Corporation is pending consideration, accordingly, the instant writ petition is disposed of by directing the Executive Engineer (Civil), Building Department, Borough-III to consider and dispose of the said objection in accordance with law, after giving a reasonable opportunity of hearing to the petitioner and all other the necessary parties and pass a reasoned order within a period of twelve weeks from the date of communication of this order and communicate the reasoned order to all the parties immediately thereafter. A spot inspection, upon prior notice to all the parties, shall be conducted to ascertain the nature and extent of unauthorized construction.

If it transpires that unauthorized construction exists, then necessary steps to deal with the same shall be taken by the aforesaid respondent. Learned advocate for the petitioner is directed to forward a copy of the representation dated 10th August, 2023 to the aforesaid respondent at the time of communicating the order of the Court. Writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (AMRITA SINHA, J.) nm