Amitava De Bhowmick v. P K Dhua , The Director General (Civil), Kmc And ORS

OD-1 ORDER SHEET CC No.78 of 2022 WPO No.2855 of 2022

IN THE HIGH COURT AT CALCUTTA

Special Civil Jurisdiction [Contempt] ORIGINAL SIDE AMITAVA DE BHOWMICK

Versus

SRI P.K. DHUA, THE DIRECTOR GENERAL (CIVIL), KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:17th March, 2023.

Appearance:

Mr. Anindya Bose, Adv.

Mr. Diptendu Mandal, Adv.

....for Petitioner.

Mr. Alak Kumar Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

..for KMC.

The Court:-A report has been filed in Court today signed on 10.03.2023 by the Executive Engineer, Borough-VI, Kolkata Municipal Corporation, O.S.D. & Executive Officer, Director General (Civil) of the Kolkata Municipal Corporation mentioning that the owner of the premises No.54A, S. N. Banerjee Road in order to comply with requirement of a specific Building Rules while obtaining the sanction of building plan in respect of the said premises gifted some portions of the premises to increase the width of the passage for free movement. Presently width of the passage on physical inspection has been found to be more than 8 ft. in all stretches of the length of the passage. Petitioner claims that a portion of the said passage is his private property.

It will be open for the petitioner to seek declaration of his private right before the appropriate forum, if so advised.

The order passed by this Court appears to be substantially complied with.

The contempt application 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