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2024 Supreme(Cal) 131

RAI CHATTOPADHYAY
Gopal Gobinda Ghosh – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jayanta Narayan Chatterjee, Mr. Gourav Banerji.
For the KMC : Mr. Alok Kr. Ghosh.

JUDGMENT :

Rai Chattopadhyay, J.

1. The moot question determinable in this writ petition is as to whether the OSD (Building)/South, of the respondent, was justified in not directing for demolition of the existing structure of kitchen (asbestos shaded structure) at the western side ground floor of the building, in lieu of deposit of the ‘demand fees’, in spite of coming to a finding that the said structure was unauthorised and illegal, being beyond the purview of the sanctioned building plan. The writ petitioner is the son of the donor of ‘Debottor property’, that is the land and structure over there. According to the writ petitioner at present, the respondent no. 5 and 6 are in possession of the concerned property, unauthorisedly, by exercise of undue coercion and force.

2. The writ petitioner alleges of construction being made unauthorisedly and illegally by the said private respondent over the concerned property and that in collusion with and support of the respondent Kolkata Municipal Corporation.

3. This Court had earlier directed the Corporation vide order dated 11.02.2016, in C.O No. 4382 of 2015, to conclude the proceeding of demolition at the concerned premises. With respect to

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