JUDGMENT :

(Apurba Sinha Ray, J.) :

1. The appellant, a self-proclaimed law abiding citizen, raised a construction on a thika property without sanctioned plan from the Kolkata Municipal Corporation (‘KMC’ in short hereinafter) and consequently a stop work notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 (in short the Act, 1980) dated 18.10.2022 was served upon the appellant but as he continued with the construction work defying the said stop work notice, an FIR was lodged against him under Section 401A of the Act, 1980. As the appellant did not stop his construction even thereafter, steps were taken by the Authorities under Section 400(8) of the Act, 1980.

2. The main grievance of the appellant/writ petitioner is that though notice under Section 401 of the Act, 1980 was served upon him no step was taken from the side of the KMC under Section 400(1) of the Act, thereby depriving the appellant of an opportunity of being heard before the concerned Special Officer (Building) of the KMC.

3. Learned Counsel appearing on behalf of the appellant, Mr. Aniruddha Chatterjee, has submitted that by virtue of the Kolkata Municipal Corporation (Amendment) Act, 2014 the Kolka