The Judgment in the case of Md. Ehtesham Uddin vs Kolkata Municipal Corporation & Ors. (W.P.O. No. 2176 of 2022) was served by The Hon’ble JUSTICE AMRITA SINHA
FACTS OF THE CASE:
The petitioner alleges illegal and unauthorised construction over the premises no. 168/L, Keshab Chandra Sen Street, Borough-V under the Kolkata Municipal Corporation. The petitioner alleges that the private respondents are responsible for such illegal and unauthorised construction. In response to the complaint lodged, the officers of the Building department of the Kolkata Municipal Corporation inspected the premises on 20th April, 2022. During inspection it was revealed that construction has been made without any approval of the Kolkata Municipal Corporation. On demand, the persons responsible for making such construction could not produce any valid document in support of the said construction. Stop Work notice under section 401 of the Kolkata Municipal Corporation Act, 1980 was served on the persons responsible on 20th April, 2022 with intimation to the Amherst Street Police Station on the same day. First Information Report has also been lodged against the persons responsible on 20th April, 2022. The report which has been filed by the Assistant Engineer (Civil) and the Executive Engineer (Civil) dated 3rd June, 2022 mentions that proceeding has been initiated under the Kolkata Municipal Corporation Act for demolition of the said unauthorised construction.
As it appears from the report filed by the Kolkata Municipal Corporation that there is illegal and unauthorised construction in the said premises, accordingly, the instant writ petition is disposed of by directing the Kolkata Municipal Corporation to take steps strictly in accordance with law to deal with such unauthorised construction. All steps in the matter shall be taken after giving a reasonable opportunity of hearing to the persons responsible for making such unauthorised construction. The Corporation shall take necessary steps to conclude the proceedings at the earliest, but positively within a period of three months from the date of communication of this order.
The Officer-in-Charge, Amherst Street Police Station is directed to keep strict vigil in respect of the premises in question and to ensure that no construction is made in the said premises till a decision is taken by the Kolkata Municipal Corporation in this matter. The writ petition being WPO/2176/2022 is disposed of. The report dated 3rd June, 2022, filed by the Kolkata Municipal Corporation and the report filed in by the Officer-in-Charge, Amherst Street Police Station dated 24th May, 2022 in Court today, be retained with the records.
JUDGEMENT REVIEWED BY AKANKSHA