We are of the view that since a notice under Section 400(1) has been issued, the same should be carried to its logical conclusion in accordance with law: Calcutta High Court
The above was opined by the Calcutta High Court in the case of Hamidul Haque v. Kolkata Municipal Corporation and Ors. IA No. GA/1/2022 with OCOT/5/2022, WPO/2125/2022 in APO/77/2022 that was presided over by the Honourable Justices Arijit Banerjee and Apurba Sinha Ray on 15th December 2022.
FACTS OF THE CASE
The writ petitioner/appellant had gone before the learned Single Judge to contest a notice that the Kolkata Municipal Corporation (abbreviated “KMC”) had issued on April 18, 2022, in accordance with Section 401 of the KMC Act, 1980. The writ petitioner was notified to stop construction at premises no. 6, Kasai Para Lane, Ward No. 60, Borough-VI, Kolkata-700017 since it was allegedly being done against the approved plan.
The writ petitioner stated that no current construction has been made before the learned Single Judge. The building still in place is a very old one. The sixth respondent, who identifies himself as the Mutwali of the auqaf that is alleged to be the owner of the subject property, claimed before the learned Single Judge that the subject building had been built without having a sanctioned plan for it.
JUDGEMENT OF COURT
The Court was of the opinion that a notice given according to Section 400(1) should be followed through to its logical end in conformity with the law. According to KMC Act Section 400(1), both the appellant and respondent no. 6 would be qualified to take part in the proceedings. The case’s merits have not even been touched upon here.
The notice under Section 401 of the KMC Act, however, is no longer valid in light of the notification under Section 400(1). This obviously does not imply that anyone, not even the appellant or respondent number 6, can create any illegal construction. The learned Single Judge’s decision is overturned.
As a result, the appeal was dismissed.
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JUDGEMENT REVIEWED BY SAYANTANI RAKSHIT