12.2025 Ct. 3 A 52 Saswata WPA 3110 of 2024 Ganesh Dey v. The Kolkata Municipal Corporation Mr. Debabrata Roy Mr. Gazi F. Hossain Mr & Ors.
Case at a glance
Outcome
Disposed of
petition is disposed of
Provisions considered
Key paragraphs
- Para 88. With the above direction and observation the writ petition is disposed of.
Judgment
Mr. Tanmoy Kr. Dey Mr. Anirban Roy Mr. Rajarshi Mitra …For the respondent no. 8
The petitioner would complain of illegal construction at premises no. 79A, Raja Rajendralal Mitra Road, Ward no. 34, Borough – III, P.S.- Beliaghata, Kolkata – 700085.
According to the petitioner though a sanction was granted for G+I storied building, the private respondents have constructed a G+II storied building.
The Municipality is represented.
The learned advocate for the Municipality by placing before this Court a report dated 15th February 2024 submits that an inspection has already been conducted whereupon it has been detected that a C.I. shed construction has been made over the open terrace at the first floor of two storied building. Stop work notice has been issued on 6th February 2024 in terms of Section 401 of the Kolkata Municipal Corporation Act, 1980 to the persons responsible. 2
Mr. Dey, learned advocate appearing for the respondent no. 8 submits that the structure that is standing on the roof of the first floor is a temporary structure. The same has been constructed only for protecting the roof from the elements of nature.
Having heard the learned advocates appearing for the respective parties, I am of the view that since a proceeding has already been initiated by the municipal authority, the same must be brought to a logical conclusion. However, the municipal authorities shall take note of the submission made by the private respondent while deciding the cause.
It is made clear that the petitioner shall not be permitted to participate in any inspection. The above direction is passed taking note of the fact that the building in question is the residence of the respondent nos. 7 and 8.
Operative part
With the above direction and observation the writ petition is disposed of.
All parties shall act on the basis of server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of
Which statutory provisions did this judgment involve?
Kolkata Municipal Corporation Act, 1980 — s. 401.
Which court decided this case, and when?
Calcutta High Court, on 15 Feb 2024. The bench was RAJA BASU CHOWDHURY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.