Disposed

Roushan Hayatt@Roushan Ara v. Kolkata Municipal Corporation and Ors.

Calcutta HC26 Jul 2021WPA/3408/2021

Case brief

AI extract

What is this about?

This writ petition alleged unauthorized construction by respondent no.11 in deviation from the sanction plan. TheWrit Bench, without adjudicating merits, directed the Corporation to inspect the premises in presence of parties within twelve weeks based on a prior complaint. A reasoned decision was ordered.

What did the court decide?

Corporation directed to inspect premises in presence of parties within three months and proceed to decide the complaint based on findings.

Roushan Hayatt@Roushan Ara Vs Kolkata… — Constitutional and Fundamental Rights | Calcutta HC (2021)

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26.07.2021 Court No. 19 Item no.3 sn

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WPA No. 3408 of 2021

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ROUSHAN HAYATT @ ROUSHAN ARA, VS. KOLKATA MUNICIPAL CORPORATION & ORS. (via video conference)

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Mr. Shibaji Kumar Das Mr. A. Ahmed Ms. Rupsa Sreemani ...for the petitioner Mr. Bibek Jyoti Basu Mr. Uttam Kumar De ..for the State Mr. Biswajit Mukherjee Mr. Anand Formania ..for the K.M.C. Md. Farhauddin ..for the respondent no.11

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This writ petition has been filed alleging illegal and unauthorized construction by the respondent no.11, in deviation of the sanction plan. It is submitted that the respondent no.11 has been carrying on the construction at premises no. 37, Alimuddin Street, Post Office Park Street, Police Station Taltala, Kolkata 700 016, without adhering to the sanction plan.

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Mr. Farhauddin, learned Advocate appearing on behalf of the respondent no.11, submits that the construction is going on strictly in accordance with the sanction plan.

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Mr. Biswajit Mukherjee, learned Advocate appearing on behalf of the Kolkata Municipal Corporation, submits that without holding an inspection, it could not be appropriate for the

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Corporation to make any submission before this Court, on the allegations made by the petitioner.

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Having heard the rival contentions of the parties, this writ petition is disposed of without going into the merits of the claim of the petitioner. The competent authority of the Kolkata Municipal Corporation is directed to act and proceed on the basis of the complaint lodged by the petitioner dated January 7, 2021. While disposing of the said complaint, the Kolkata Municipal Corporation, through their competent authority, shall cause an inspection of the premises in question, in presence of the parties. The minutes of the inspection shall be signed by all the parties or their representatives. The report shall be supplied to the parties. Thereafter, the Corporation shall proceed in accordance with law in order to reach the issues raised to its logical conclusion. A reasoned decision shall be taken and communicated to all parties.

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The entire exercise shall be completed within a period of twelve weeks from the date of communication of this order.

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This writ petition is thus disposed of.

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There will be however no order as to costs.

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Parties are directed to act on the basis of the server copy of this order.

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(Shampa Sarkar, J.)

Roushan Hayatt@Roushan Ara v. Kolkata Municipal Corporation and Ors.

Case brief

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Roushan Hayatt@Roushan Ara v. Kolkata Municipal Corporation and Ors.

Case brief

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