Dipankar Rana And ANR. v. The Kolkata Municipal Corporation And ORS.

OD-3 ORDER SHEET WPO No.3219 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE DIPANKAR RANA & ANR.

VS.

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:21st December, 2022.

Appearance:

Mr. Koushik Bhatta, Ms. Lipika Ghosh, Advocates for the Petitioners.

Mr. Ranajit Chatterjee, Mr. Gopal Chandra Das, Mr Debangshu Mondal, Advocates for KMC.

Mrs. Sonali Ghosh Basu, Mrs. Sonali Sengupta, Advocates for Respondent Nos.7 to 9.

Mrs. Sipra Majumder, Mrs, Debarati Sen (Bose) Advocates for the State. The Court:-Learned advocate representing the Kolkata Municipal Corporation submits, upon instruction that, the proceeding initiated for dealing with deviation made at the time of construction is still pending disposal before the Hearing Officer.

Time has been sought for disposal of the said proceeding. The case of the petitioners is that the completion certificate cannot be issued in view of non disposal of the proceeding initiated to deal with the deviation made at the time of construction.

In the aforesaid facts and circumstances, the Special Officer (Building), Kolkata Municipal Corporation is directed to conclude the proceeding initiated in the Demolition Case No.14/Bldg/DR-II/2021 in respect of the premises no.140, Sri Aurobinda Sarani, Kolkata-700 006 in

accordance with law at the earliest, but positively within a period of eight weeks from the date of communication of this order. A formal order shall be passed and communicated by the aforesaid respondent to the petitioners immediately thereafter. After conclusion of the aforesaid demolition case, the concerned authority of the Kolkata Municipal Corporation shall take steps to consider the prayer of the petitioners for issuing completion certificate in accordance with law.

The writ petition stands disposed of.

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