Extracted from the PDF above. The PDF is authoritative.
25.02.2025 Sl. No.48(DL) Ct. No.15 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W.P.A. No. 2639 of 2023 Sahin Rahman Versus State of West Bengal & Ors.
Mr. Sourav Pal,
Mr. Prosenjit Chakraborty,
Mr. Ronit Mukherjee
…for the Petitioner.
Mr. Barin Banerjee,
Mr. Gopal Chandra Das …for the Kolkata Municipal Corporation.
Mr. N.C. Bihani, ld. Sr. Adv.
Mrs. P.B. Bihani,
Mr. M. Moitra …for the State-Respondents.
Mr. Sounak Bhattacharya,
Ms. Madhurima Sarkar,
Mr. Sounak Mondal,
Ms. Urmi Biswas …for the Respondent Nos.13.
By filing this writ petition, the petitioner contends that a three-storeyed building located at B/45/H/14, Karl Marx Sarani, Ward No.77, Borough- IX, under the jurisdiction of the Kolkata Municipal Corporation, as well as another building situated at 18/1/H/5, M.M. Ali Road, Ward No.77, Borough-IX (incorrectly referred to by the petitioner as 18/1/H/5, Karl Marx Sarani), have been constructed without the requisite sanctioned plans.
2 The report submitted by the Corporation indicates that, with respect to the three-storeyed building at B/45/H/14, Karl Marx Sarani, the Corporation has demolished the unauthorised portions of the building on November 17, 2022; March 22, 2023; October 5, 2023; May 6, 2024; May 14, 2024; May 15, 2024; and May 16, 2024. Mr. Sounak Bhattacharya, learned Advocate representing Respondent No. 13, who is the owner of the five-storeyed building at 18/1/H/5, M.M. Ali Road, has drawn the Court’s attention to an order dated February 22, 2023, passed in MAT 301 of 2023 (Jamshed Hossain v. The Kolkata Municipal Corporation & Ors.), in which a Division Bench of this Court restrained the Kolkata Municipal Corporation from proceeding with further demolition of the building at 18/1/H/5, M.M. Ali Road. In light of the foregoing, no further order is required in this matter at present. However, the learned Advocate appearing for the petitioner has submitted that the entire three-storeyed building at B/45/H/14, Karl Marx Sarani has been constructed without any sanctioned plan. In view of this, I grant the petitioner the liberty to make a fresh representation before the Kolkata Municipal Corporation. Should such a representation be made, the Corporation is directed to consider it in accordance with the law.
3 Accordingly, WPA 2639 of 2023 is disposed of. Urgent certified copy of this order, if applied for, be supplied to the parties on compliance of usual undertakings.
(Kausik Chanda, J.)