Basana Banerjee & Anr vs The Kolkata Municipal ...
2023 Latest Caselaw 187 Cal

   D/L
Item No. 9
06.01.2022

KOLE MAT 2014 of 2022 With IA No. 1 of 2022

Basana Banerjee & Anr.

-Vs.-

The Kolkata Municipal Corporation & Ors.

Mr. Sanjoy Bose, Mr. Aniruddha Chatterjee, Mr. Priyankar Basu Mallick, ... for the appellants.

Mr. Alok Ghosh, Mr. S. Panda, ... for the KMC.

This appeal is directed against a judgment and order

dated November 18, 2022, whereby the writ petition of the

appellants being WPA No. 20939 of 2022 was disposed of.

It appears that based on a complaint made against the

appellants/writ petitioners for having made unauthorized

construction, the Corporation took steps under Section 401A

as well as under Section 400 of the Kolkata Municipal

Corporation Act, 1980. The learned Judge noted that there

was a demolition order issued by the Corporation. The

learned Judge directed the Corporation to proceed with

demolition of the unauthorized construction in accordance

with law. Being aggrieved, the writ petitioners are before us

by way of this appeal.

Appearing for the appellants, Mr. Chatterjee, learned

Advocate, says that if proceedings were initiated under

Section 400 of the KMC Act, the appellants were entitled to

notice. No such notice has been received by them. He

further says that the alleged unauthorized construction is

within the permissible F.A.R. An application has been made

for regularization which has not yet been considered or

disposed of by the Corporation.

We see that the learned Single Judge did not call for

affidavits and hence, the Corporation's stand is not on

record. Let the Corporation file a short report in the form of

affidavit bringing on record its stand, within a week from

date with an advance copy to learned Advocate on record for

the appellants.

List the matter once again on 18.01.2023.

In the meantime, no further action be taken in respect

of the alleged unauthorized construction.

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