Calcutta High Court (Appellete Side)
Smt. Sandhya Roy Dhar vs The Kolkata Municipal ... on 8 February, 2023
20.
08-02-2023
debajyoti
(Ct. no.24)
WPA 25448 of 2022
Smt. Sandhya Roy Dhar
Vs.
The Kolkata Municipal Corporation & Ors.
Mr. Sankha Subhra Mukherjee,
Ms. Barnali Saha
... For the Petitioner.
Mr. Debjit Mukherjee,
Ms. Dipanwita Ganguly
... For K. M. C.
Mr. Pinaki Dhole,
Mr. Pinaki Bhattacharya
... For the State.
The petitioner complains of illegal and
unauthorized construction at the instance of the
private respondents at B/101/H/5, Dr. S. C. Banerjee
Road, Kolkata-10, Ward No.33, Borough III, under
jurisdiction of the Kolkata Municipal Corporation.
The petitioner relies upon the judgment
delivered by the Senior Municipal Magistrate, Kolkata,
wherein the private respondents have been found
guilty of the offences punishable under Sections
401A/392/618 of the KMC Act, 1980.
It has been submitted that at the time of filing of
the writ petition, the structure was a three storied
unauthorized building. Presently, one additional floor
has been raised and the structure is a four storied
building. The petitioner submits that the entire
structure is unauthorized. Prayer has been made for
demolition of the unauthorized structure.
Learned advocate, representing KMC has
received instructions from the Executive Engineer
(Civil), Building Department, Borough-III, signed on 3rd
February, 2023 mentioning that the four storied
structure is unauthorized. A notice under Section 401
of the KMC Act was issued on 19th July, 2019 with
intimation to the police on 20th July, 2019. FIR was
lodged with Beliaghata Police Station on 9th
September, 2019. Presently, the demolition proceeding
is pending under Section 400(1) of the KMC Act, 1980
before the Special Officer (Building).
It has been submitted that the Special Officer
(Building) cannot dispose of the said proceeding as
repeated adjournments are sought for by the parties.
The Court cannot appreciate the stand of the
Corporation. Unauthorized construction which was
detected way back in July, 2019, is yet to be
demolished. The demolition proceeding is still
continuing. On account of the delay in conclusion of
the demolition proceeding, the private respondents are
still continuing with the construction work. The
Executive Engineer has reported that the entire
structure is an unauthorized one.
The Special Officer (Building) ought to take
prompt necessary steps for conclusion of the
demolition proceeding and ensure that the
unauthorized construction is demolished at the
earliest.
The present writ petition is, accordingly,
disposed of by directing the Executive Engineer (Civil),
Building Department, Borough-III, to communicate
this order to the Special Officer (Building) before whom
the demolition proceeding is currently pending. The
concerned officer shall take steps to conclude the
demolition proceeding at the earliest, but positively,
within a period of twelve weeks from the date of
communication of the order, without granting any
unnecessary adjournment to either of the parties.
WPA 25448 of 2022 is, thus, disposed of.
Instructions by the Executive Engineer be
retained with the records.
Urgent photostat certified copies of this order, if
applied for, be supplied to the parties on compliance of
necessary formalities.
(Amrita Sinha, J.)
