21.05.2025 Sl. No. 04 Ct No. 3 SG WPA 1368 of 2025 M/s Venkatesh Construction Company Private Limited Vs The Kolkata Municipal Corporation & Ors.

` Mr. Srijib Chakraborty, Mr. Sumitava Chakraborty, Ms. Rupsa Sreemani.

…for the petitioner Mr. Alak Kr. Ghosh, Mr. Swapan Kr. Debnath.

…for KMC Mr. Debjit Mukherjee, Mr. Susmita Chatterjee.

…for state

1. The petitioner has preferred the present writ petition seeking quashing of proceeding initiated by the Respondent Corporation under Section 400(8) of KMC Act in respect of illegal and unauthorized construction being carried out at premises no. 240-B, AJC Bose Road, Borough-VIII, P.S.- Bhowanipur, Kolkata.

2. It is the case of the Petitioner that the entire construction on the aforementioned premises was executed in accordance with Building Plan Sanction No. 164, dated 26.06.1973. The building, now over 50 years old, was undergoing repair and renovation when the Petitioner received a work stop notice dated 20.09.2024 under Section 401 of the Kolkata Municipal Corporation Act, 1980. Subsequently, the Petitioner was served with another notice under Section 400(1) of the same Act, alleging unauthorized construction in another part of the building