Sri Raj Kapoor Jaiswal vs Kolkata Municipal Corporation & ...
2023 Latest Caselaw 1460 Cal

    2.
27-02-2023
 debajyoti
(Ct. no.06)
                               MAT 2044 of 2022
                                      +
                              IA NO:CAN/1/2023
                             Sri Raj Kapoor Jaiswal
                                       Vs.
                        Kolkata Municipal Corporation & Ors.

               Mr. Nilanjan Bhattacharjee,
               Mr. Arpan Guha,
               Mr. Abhilash Chatterjee
                                             ... For the Appellant.
               Mr. Gopal Chandra Das,
               Mr. Rudranil De
                                             ... For K.M.C.
               Mr. Bishajib Ghosh
                                             ... For Respondent No.7.

Mr. Sumitava Chakraborty ... For Respondent Nos.8 and 9.

Being aggrieved by the judgment and order dated November 22, 2022, whereby the appellant's writ petition was disposed of, the appellant has come up in appeal.

The appellant had approached the learned Single Judge with the grievance that the private respondents have made unauthorized construction on the premises in question.

It was submitted on behalf of Kolkata Municipal Corporation that proceedings under Section 400 of the K.M.C. Act were initiated and the same culminated in an order dated November 09, 2022, passed by the Special Officer (Building). By the said order, certain sheds on the open spaces as marked in the "D" sketch were directed to be removed within thirty days from the date of communication of the order. However, the business (Beauty Parlour) was allowed to be retained on payment of necessary fees and charges. The

learned Judge observed that the order of the Special Officer will be given effect to, subject to the approval of the Mayor-in-Council.

Learned advocate for the appellant says that nobody knows whether Mayor-in-Council has granted its approval to the aforesaid demolition order. Learned counsel for the Corporation seeks a little time to obtain instructions.

List the matter once again on March 13, 2023.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)