WPA/11974/2020 of EKBAL HOSSAIN HALDER Vs THE KOLKATA MUNICIPAL CORPORATION on 31 December 2020

31.12.2020 Vacation BenchItem No.11 (J.K.S & S.M)

(Via Video Conference)

WPA 11974 of 2020

Ekbal Hossain Halder

-Vs-

The Kolkata Municipal Corporation & Ors.

Md. Sarwar Jahan,

Mr. Maidul Islam Kayar,

….. For the petitioner.

Mr. Swapan Kumar Debnath,

Mr. Gopal Chandra Das,

…. For the K.M.C.

Mr. Uttam Kr. Dey,

…. For the State.

This is a second round of litigation betweenthe parties. In the earlier writ petition filed by thepetitioner, the Court by order dated 19[th] October,2020 passed in WPA 7547 of 2020 with I.A No. CAN 1of 2020, directed the Corporation to initiateproceedings under Section 400(1) of the KolkataMunicipal Corporation Act, 1980.

The Court further directed that the KMC willtake all endeavour to conclude such proceedings asexpeditiously as possible.

The learned advocate for the petitionercomplains that in spite of initiation of the proceedingsunder Section 400(1) of the Act, the privaterespondents are merrily going on making illegal and unauthorized construction in the premises inquestion.

The petitioner by way of representationdated 9[th] November, 2020 invited the attention of theExecutive Engineer, Borough XV to take necessaryaction in the matter.

The petitioner complains that the saidrespondent has not taken any steps in the matter tilldate.

As it appears that the Corporation hasalready initiated proceedings under Section 400(1) ofthe Act, necessary step is liable to be taken by theappropriate authority to ensure that no further illegalconstruction is carried on in the premises in question.

The instant writ petition is accordinglydisposed of by directing the respondent no.4 being theExecutive Engineer (Civil), Borough XV, KMC to takeappropriate steps in accordance with law at theearliest but positively within a period of three weeksfrom the date of communication of a copy of thisorder.

The Officer-in-Charge of the RajabaganPolice Station is directed to render all cooperation tothe officials of the Kolkata Municipal Corporation inthe matter.

The writ petition stands disposed of.

Urgent photostat certified copy of this order,if applied for, be supplied to the parties subject tocompliance with all requisite formalities.

(Amrita Sinha, J.)