ML 146
30.04.2024
KAUSHIK
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 1570 of 2024
Pranab Kumar Dutta
-versus
The Kolkata Municipal Corporation & Ors.
Mr. Oishik Chatterjee.
…For the Petitioner.
Mr. Srijan Nayak
Mr. Dwijadas Chakraborty.
…For the KMC.
Affidavit-of-service filed in Court today is taken
on record. None appears for the private respondents.
The petitioner prays for consideration of the
representation dated 14th July, 2023 alleging illegal and
unauthorized construction at the behest of the private
respondents.
The petitioner complains that the objection raised
against such illegal construction has not been
considered by the respondent authorities till date.
In view of the order that I propose to pass, none
of the non-appearing respondents will be prejudiced if
the writ petition is disposed of in the following manner.
As it appears that the representation of the
petitioner objecting to the illegal and unauthorized
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construction is pending consideration at the end of the
respondent authorities, no useful purpose will be
served by keeping the writ petition pending.
The writ petition is accordingly disposed of by
directing the respondent no.4 being the Executive
Engineer (Civil), Building Department, Borough - III to
consider and dispose of the representation made by the
petitioner strictly in accordance with law, after giving
an opportunity of hearing to all the necessary parties
including the petitioner within a period of three months
from the date of communication of a copy of this order.
The said respondent shall pass a reasoned order and
communicate the same to all the necessary parties
including the petitioner immediately thereafter.
A spot inspection shall be conducted to ascertain
the nature and extent of unauthorized construction.
In the event the aforesaid respondent is of the
considered opinion that the construction has been
made either in violation of the plan sanctioned or
devoid the sanction plan, then necessary steps shall be
taken to deal with such unauthorized construction, in
accordance with law.
The aforesaid respondent shall restrict the
consideration of the representation with regard to
unauthorized construction only and not enter into or
decide any private dispute of the parties regarding
right, title and interest in respect of the aforesaid land.
It is made clear that this Court has not entered
into the merits of the claim made by the petitioner and
all points are left open to be decided by the aforesaid
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respondent at the time of consideration of the
representation of the petitioner.
Learned advocate appearing for the petitioner is
directed to forward a copy of the representation dated
14th July, 2023 to the aforesaid respondent at the time
of communicating the order of the Court.
The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied
for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
( Amrita Sinha, J.)