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Judgment
This is an application filed under Article 226 of the Constitution of India challenging the inaction on the part of the Kolkata Municipal Corporation in relation to the unauthorised construction allegedly being carried out by the private respondent.
On December 13, 2017 this Court had directed the Kolkata Municipal Corporation to file a report indicating the steps that have been taken by the Corporation. The Corporation has filed the report today that indicates that a notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 was issued to the private respondent. Let the report be kept on record.
Mr. N.C. Bihani, learned Advocate appearing on behalf of the private respondent, submits a notice under Section 400(1) of the Kolkata Municipal Corporation Act, 1980 wherein the notice for hearing has been granted to the private respondent. Let the notice under Section 400(1) also be kept on record.
In view of the above facts and circumstances, and after hearing all parties concerned, this Court is of the view that the Kolkata Municipal Corporation has already initiated proceedings for stop work and for demolition of the impugned premises.
Mr. Balai Lal Sahoo, learned Advocate appearing on behalf of the writ petitioner, submits that a title suit is also pending and the documents in relation to that shall be submitted by him before the Corporation at the time of hearing.
The Kolkata Municipal Corporation is directed to grant an opportunity of hearing to the writ petitioner and the private respondent and thereafter pass a reasoned order within a period of six weeks from the date of communication of this order on both the notices under Sections 400 and 401 of the Kolkata Municipal Corporation Act, 1980 and to communicate the said reasoned order on the writ petitioner and the private respondent within one week thereafter from the date of passing of the order. This writ petition is, thus, disposed off.
In view of disposal of the writ petition the connected application has become infructuous and the same is disposed of accordingly. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.