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2023 Supreme(Online)(Cal) 6447

CALCUTTA HIGH COURT
Justices S. Banerjee, J
Papri Das v. Kolkata Municipal Corporation


Table of Content
1. challenge to the legality of business activities in residential premises. (Para 1 , 2 , 5)
2. inspection results led to verification of business activities. (Para 3 , 4 , 6 , 8)
3. legal provisions for commercial activities in residential zones discussed. (Para 10 , 11 , 13)
4. final order emphasizes compliance with municipal regulations. (Para 14 , 15)

1. A judgment and order dated June 29, 2022, whereby the appellant's writ petition being WPA 11663 of 2020 was disposed of, is under challenge in this appeal.

2. The appellant and the private respondents reside in the same building. The grievance of the appellant is that the private respondents carry on business from the residential premises, which involves hazardous activities and creates nuisance for the appellant. The activities that are carried on emit foul smell and are generally detrimental to health.

3. It appears that a complaint was made by the appellant to the Corporation authorities who had issued Certificate of Enlistment in favour of the private respondents to enable them to carry on the business in question. Hearings were held before the Licence Officer (H.Q.), Kolkata Municipal Corporation pursuant to an































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