Falahuddin Haider v. Kolkata Municipal Municipal Corporation and Ors.
Case brief
What is this about?
Falahuddin Haider v Kolkata Municipal Corporation & Ors.; WPO No.208 of 2024, High Court at Calcutta (Constitutional Writ Jurisdiction, Original Side), Justice Amrita Sinha, decided 21.05.2024. Key terms: Section 397 Kolkata Municipal Corporation Act 1980; cancellation of building plan sanctioned on fraudulent/fraudulent documents; unauthorised construction of two additional floors over sanctioned G+II storey; earlier order directing demolition of top two floors; premises no.1 Kavi Md. Iqbal Road, Ward No.77, Borough-IX KMC; mutuwali / mutuwalees / co-mutuwali; notice of hearing; twelve-week compliance deadline from communication of order; Board of Auqaf West Bengal affidavit 17.05.2024; Officer-in-Charge Ekbalpore Police Station report 21.05.2024; police cooperation and assistance to petitioner; writ petition disposed of.
What did the court decide?
Directions issued: (i) initiation of proceedings under Section 397, Kolkata Municipal Corporation Act, 1980 by the Commissioner to cancel the plan sanctioned on fraudulent documents; (ii) service of Section 397 hearing notices on the present mutuwalies, the persons responsible for the construction and the occupants of the top two unauthorizedly constructed floors; (iii) Section 397 steps to be completed within twelve weeks of communication of the order, with consequential steps immediately thereafter; (iv) police to cooperate with and assist the petitioner upon complaint of threats; (v) urgent certified copy to be supplied on application.