Writ petition dismissed as the dispute involves a civil matter regarding a boundary wall and common passage, for which the petitioners have already approached the civil court. The court held that boundary disputes cannot be adjudicated by a writ court when alternative remedies are available.
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13.06.2024 Ct. no. 551 sb WPA 8702 of 2018
Kartick Chandra Kashyapi & ors. -VsKolkata Municipal Corporation & Ors.
Mr. Dyutiman Banerjee Mr. Vishal Mallick …for the Petitioners Mr. Gopal Chandra Das Mr. Debangshu Monal Ms. Ananya Das …for the KMC Mr. Naba Kumar Das Mr. Pathik Bandhu Banerjee …for the KMDA
private respondent no. 6(a) and 7 by raising a boundary wall and though due complain has been lodged with the KMC, the KMC authority has not taken any steps for demolition of the said boundary wall.
2(5) of the KMC Act, 1980, no sanction is required for construction of a boundary wall up to the height of three metres. It is further submitted on behalf of the KMC that the dispute which has been raised, is basically a civil dispute and that from annexures to the writ petition, it reveals that for obtaining appropriate relief, the writ petitioners have already filed Title Suit no. 36 of 2008 before the appropriate civil court with a prayer for decree for declaration, decree for permanent injunction, decree for mandatory injunction and other reliefs.
(Partha Sarathi Sen, J.)
2 issues framed by the court
Whether a dispute regarding illegal encroachment on a common passage can be adjudicated in writ proceedings when an alternative civil remedy exists.
Whether the construction of a boundary wall requires sanction under Section 2(5) of the KMC Act, 1980.
Kartick Chandra Kashyapi & ors.
Kolkata Municipal Corporation
Kolkata Metropolitan Development Authority
Partha Sarathi Sen
As recorded by the court registry
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