Ramakant Upadhyay vs The Kolkata Municipal ...
2023 Latest Caselaw 6312 Cal

20.09.2023
Item No.21
Court No.6.
    AB
                                   M.A.T. 251 of 2023
                                          With
                                     CAN 1 of 2023
                            Ramakant Upadhyay
                                     Vs
                 The Kolkata Municipal Corporation & Others

                      Mr. S. Das,
                      Ms. Ananya Chakraborty...for the appellant.

                      Mr. Arindam Banerjee,
                      Mr. Sunny Nandy,
                      Mr. Francis Samson Correa,
                      Ms. Sneha Singh ...for the respondent no.10.

Mr. Gopal Chandra Das, Mr. Rudranil De ...for the KMC.

This appeal is directed against a judgment and

order dated January 11, 2023, whereby the writ

petition of the appellant was disposed of by a learned

Single Judge of this Court.

The appellant had approached the learned

Single Judge with the grievance that the private

respondent in the writ petition has made unauthorized

construction and/or construction in deviation from the

sanctioned plan. The Kolkata Municipal Corporation

filed a report before the learned Single Judge

wherefrom it appeared that the deviation that was

detected has been regularized upon deposit of

retention charges amounting to approximately

Rs.14.09 Lacs. Accordingly, the learned Judge

disposed of the writ petition without passing any

order.

Being aggrieved, the writ petitioner is before us

by way of this appeal.

Although we have heard learned Counsel for the

appellant on the point of locus standi of the appellant

to maintain the writ petition, since the impugned

construction is in Salt Lake and the appellant is a

resident of Howrah, we need not go into that question

or express any opinion on that in the present case.

We are told by learned Advocate for the

appellant that a representation dated June 25, 2022

has been made by the appellant to various Officers of

the Corporation including the Executive Engineer,

Borough-III Committee, Kolkata Municipal

Corporation, being the respondent no.6 herein. We

direct the Executive Engineer to dispose of such

representation by a reasoned order, in accordance

with law and the applicable Rules and Regulations,

within a period of 12 weeks from the date of receipt of

a copy of this order along with a copy of the

representation, after affording opportunity of hearing

to all concerned parties, including the present

appellant and the private respondent. The order to be

passed by the respondent no.6 shall be communicated

to the parties within a week from the date of the order.

MAT 251 of 2023 is disposed of along with CAN

1 of 2023.

Urgent photostat certified copy of this order, if

applied for, be supplied expeditiously after compliance

with all the necessary formalities.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)