✦ Calcutta High Court

Shri Gobinda Kundu v. The Kolkata Municipal Corporation & Ors.

AMRITA SINHA

Case at a glance

Outcome

Disposed of

The writ petition stands disposed of

Provisions considered

Judgment

Operative part

Shri Gobinda Kundu Vs The Kolkata Municipal Corporation & Ors. Mr. Pratik Kumar Bhattacharya Mr. Anubrata Santra … For the petitioner. Mr. Ranajit Chatterjee Mr. Subhrangsu Panda … For the KMC. Mr. Santanu Kumar Mitra Mr. Ganga Prasad Mukherjee … For the State. Mr. Nilendra Bhattacharya Mr. Soumen Chatterjee Mr. Snehasish Jana … For the respondent nos. 7 and 8. A report has been filed by the engineers of the Kolkata Municipal Corporation signed on 02.05.2023 wherefrom it appears that a joint site inspection was conducted on 29th April, 2023 in the presence of all the parties. Departmental inspection revealed reconstruction of the ground floor and the first floor has been executed but construction of the puja room and the prayer room in the second floor has not yet started. It has been found that construction has been made in deviation of the building sanction plan. Notice under Section 401 of the Kolkata Municipal 2 Corporation Act, 1980 has been served upon the person responsible with intimation to the police. Demolition sketch plan is under process and proceeding under Section 400 of the Kolkata Municipal Corporation Act, 1980 is contemplated. Let a copy of the report be circulated amongst the learned advocate representing all the parties. As it appears that the Corporation has detected unauthorised construction, accordingly, step shall be taken in accordance with law to deal with such unauthorised construction at the earliest. The writ petition stands disposed of. In view of the disposal of the of the writ petition nothing remains to be decided in the application filed by the private respondents. The same stands disposed of. The application being CAN 1 of 2022 is also disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. ( Amrita Sinha, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The writ petition stands disposed of

Which statutory provisions did this judgment involve?

Kolkata Municipal Corporation Act, 1980 — s. 400.

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.

Why is this linked?

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