BHABANI SEN AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/591/2025 · 2025-04-30
Gaurang Kanth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4873 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4873 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
30.04.2025 Sl. No. 07 Ct No. 3
SG
WPA 591 of 2025
Bhabani Sen & Anr.
Vs The State of West Bengal & Ors.
Mr. Tapas Kr. Roy, Mr. Mritunjay Saha.
…for the petitioners
Mr. Debjit Mukherjee,
Ms. Susmita Chatterjee.
…for KMC
1. Affidavit-of-service filed in Court today is taken on record.
2. The petitioners have preferred the present writ petition being aggrieved by the inaction on the part of the respondent authority in not deciding their application for sanctioning of the building plan qua premises no. 301A, Prince Anwar Shah Road, Ward No. 94, Borough- X, Kolkata.
3. It is the case of the petitioners that they are the joint owners of the premises in question and the said property has been duly mutated in their favour by mutation certificate dated 27.05.2022. The petitioners had submitted an application for sanctioning of the building plan for the construction of G+4 storied building to the said premises by way of online process addressed to the office of the Executive Engineer
2 (Civil/Building) of Borough-X of Kolkata Municipal Corporation. Despite the passage of considerable time, no decision has been taken by the respondent corporation in this regard.
4.
Learned Counsel for the respondent-KMC appears and hands over a copy of the instruction wherein it has already been informed to the petitioners that they have not provided all requisite documents, necessary for consideration of the said application. Specifically, the absence of a No Objection Certificate from the Kolkata Metropolitan Development Authority (KMDA) has been pointed out as a critical deficiency. It is further submitted that the intimation regarding such short fall has already been communicated to the petitioners through EODB (Ease of Doing Business) portal.
5.
Learned Counsel for the petitioners contends that the petitioners were unaware of the said communication and the short fall, despite the information being made available on the EODB platform. Nonetheless, the petitioners expressed their willingness to comply with all formalities and submit the requisite documents at the earliest.
6.
Learned Counsel for the petitioners further submits that the petitioners would be satisfied if their
3 pending application is directed to be considered and
disposed of in a time bound manner.
7. This Court directs the petitioners to furnish all relevant documents in support of their application within a period of 4 weeks. Upon receipt of the complete documents, the respondent-KMC is directed to take a reasoned decision on the petitioners’ application for sanctioning the building plan within a period of 6 weeks thereafter.
8. With the above direction, the present writ petition is dismissed.
9. Report is kept on record. A copy of the said report is handed over to the learned Counsel for the petitioners.
10. Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.
11. There shall be no order as to costs.
12. Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.
(Gaurang Kanth, J.)