CALCUTTA HIGH COURT
Gaurang Kanth, J
Shanti Nath Ghosh @ Shanti Nath De (Ghosh) – Appellant
Versus
Kolkata Municipal Corporation & Ors. – Respondent
1. Affidavit of service is taken on record.
2. The petitioner in the present writ petition challenges the entire demolition process initiated by the respondent municipality under section 400(8) of the KMC Act in respect of the premises no. 11, Joy Mitra Street, PO Hatkhola, Kolkata.
3. It is the case of the petitioner that she is the owner of the subject property and had entered into a development agreement dated 28.11.2018 with respondent no. 6. Pursuant to the said agreement, the petitioner obtained a sanctioned plan dated 24.5.2022 for the construction of G+4 structure. During the course of the construction, the petitioner was issued a stop work notice under section 401 of the KMC Act on 28.7.2023, directing to stop all construction work in connection with the said premises. Immediately thereafter the officials of the respondent entered into the said premises and the petitioner alleges that they have carried out demolition under section 400(8) of the KMC Act
4. Learned counsel for the petitioner submits that the construction is being carried out in accordance with the valid sanctioned plan. Even assuming that there is any deviation, the respondent municipality ought to have initia
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