JUDGMENT :

Amrita Sinha, J.

1. The matter relates to certain unauthorised construction at the premises no. 25A, Beniapukur Lane, Ward No. 61, Borough VI, under jurisdiction of Kolkata Municipal Corporation (‘KMC’ for short). A G+5 storied residential building was sanctioned by KMC with benefit under Rule 142 of the KMC building rules for construction at the subject premises.

2. KMC issued notice under Section 401 of the KMC Act, 1980 (‘the Act’ for short) on 20th February, 2023 and directed the petitioner to forthwith stop construction including any addition or alteration at the subject premises as the same was constructed in deviation of the approved plan. Despite issuance of the aforesaid notice the petitioner continued raising unauthorised construction and constructed an additional floor without obtaining any sanction.

3. A first information report was lodged before the police station under Section 401A of the Act on 21st February 2023.

4. The aforesaid incident of making unauthorised construction was included for discussion in the agenda of the meeting of the Mayor in Council on 1st March 2023. The agenda mentions that it is a case of unauthorised construction by encroachment of man