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2025 DAILYLAW 29349 (CAL)

IMRAN KHAN v. KOLKATA MUNICIPAL CORPORATION AND OTHERS.

WPA/15098/2024 · 2025-01-03

Kausik Chanda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

154 03-01-2025 AKG Ct. 15 WPA 15098 of 2024 With CAN 1/2024 Imran Khan Vs. Kolkata Municipal Corporation & Ors. Mr. Giasul Islam …for the Petitioner Mr. Srijan Nayak, Mr. Swapan Kr. Debnath …for KMC Ms. Somoshree Saha …for Respondent No. 8 In Re : CAN 1/2024 This is an application for restoration. After considering the averments made in paragraph 4 of the application, I am of the view that the petitioner has sufficiently explained the reasons for his non-appearance on November 4, 2024. Accordingly, CAN 1/2024 is allowed, and the writ petition is restored to its original file and number. Re: WPA 15098 of 2024 The petitioner alleges unauthorized construction at premises No. 43 Kustia Masjid Bari Lane, P.S. Tiljala, Kolkata – 700 039, under the jurisdiction of the Kolkata Municipal Corporation. The Corporation has submitted a report, the relevant portion of which is quoted below: “With reference to the above mentioned case matter, captioned premises has been inspected by this department and during inspection it is found that there 2 exist a four storied residential building and no ongoing construction has been found at the site during the inspection. Establishment section of this department has been asked to provide legality of the structure situat6ed at the premises mentioned above but after prolonged search they could not produce any documents/sanction plan. However, From the portal copy of inspection Book for Qtr- 03/06-07 it is known that there exist a four storied building since 2006.” The learned advocate for the petitioner, however, has failed to demonstrate any concern of the petitioner regarding the building in question. The report from the Corporation clearly indicates that the building has been in existence since as early as 2006. Given the passage of time, I am not inclined to pass any order in this writ petition. Accordingly, WPA 15098 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)