WRIT PETITION 23211 on 19 December 2018

Conclusion

18.11.2022

Item no. 6 & 7

Aloke

Ct. no.29

CPAN 1031 of 2022with

WPA 23211 of 2018

Asif IqbalVs.Binod Kumar & Ors.

Mr. Daanish Haque, Advocate

Mr. Siddharth Deb Roy, Advocate

Mr. Md. Zohaib Rauf, Advocate

Mr. Abdul Zahid, Advocate

… … For the petitioners

Mr. R. Chatterjee, Advocate

Mr. S. Panda, Advocate

… … for the allegedcontemnors/KMC

The petitioner complains of violation of theorder dated December 19, 2018 passed in WP 23211(W) of 2018.

By such order, the Corporation was directed to invoke the provisions of the Section 400 (1) of theKolkata Municipal Corporation Act, 1980, since theCorporation was of the prima facie view that theresubsisted unauthorized construction. It did invoke theprovisions of Section 400 (1) of the Act of 1980 andpassed necessary orders.

It is the contention of the petitioner that theCorporation did not implement such order.

The order dated December 19, 2018 passedin the writ petition stands worked out in the sense thatthe Corporation complied with the direction requiring itto invoke the provisions of Section 400 (1) of theKolkata Municipal Corporation Act, 1980.

In such circumstances, I am not minded toinvoke the provisions of Article 215 of the Constitutionof India or the provisions of the Contempt of CourtsAct, 1971 in the facts of the present case.

This order will not prevent the petitioner fromavailing its remedy before the appropriate forum, inaccordance with law.

CPAN 1031 of 2022 is disposed of.

(Debangsu Basak, J.)