ANAND PRASAD AGARWALLA. vs THE KOLKATA MUNICIPAL CORPORATION & ORS.

The petitioner appears in person.

The petitioner seeks leave to file a supplementary affidavit and the affidavit-of-service. Such leave is granted.

Supplementary affidavit and the affidavit-of-service filed in Court today be kept with the record.

The petitioner complains that, the private respondent although not having requisite permission from the Kolkata Municipal Corporation authorities, have

commenced a snack bar on the ground floor. He submits that, the private respondent is obliged to adhere to the provisions of Section 435A of the

Kolkata Municipal Corporation Act, 1980 and Schedule VA thereof. He draws the attention of the Court to a writing dated March 13, 2018 issued

by the Kolkata Municipal Corporation to the effect that, no certificate of enlistment has been issued in favour of the private respondent to carry out to

such business activity.  He submits that, his residence is on the top floor of the building concerned. The chimney is immediately on the roof of

the floor occupied by the petitioner. HIs wife is an asthma patient. The smoke from the chimney percolates into the area under occupation of the

petitioner causing great inconvenience to the petitioner and his wife. He prays for an interim order in terms of prayers (f) and (g) of the writ

petition. He draws the attention of the Court to the fact that, the private respondent had lodged caveats through learned Advocate and that the

petitioner has sought to serve the private respondent by speed post. The acknowledgement due card has not been received by the petitioner.

None appears on behalf of the respondents.

In view of the urgency pleaded and in view of the fact that, the corporation authorities by a writing dated March 13, 2018 has stated that, no

certificate of enlistment has been issued in favour of the private respondent in respect of the premises concerned, and in view of the health issues,

complained of it would be appropriate to grant an interim order restraining the private respondent from carrying on any commercial activity from any

part or portion of the building occupied by the private respondent. The corporation authorities are directed to submit a report as to the complaints

made by the petitioner and as to whether the private respondent is entitled to carry on the business activity at the premises concerned or not.

List the writ petition on April 4, 2018.

Urgent certified Website copy of this order, if applied, be supplied to the parties, upon compliance of all requisite formalities.