GAUTAM DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred for quashing the charge-sheet being no. 305 of 2016 dtd. 31/12/2016 filed in connection with Beliaghata police station case no. 10 dtd. 5/1/2016 under Sec. 401A of the Kolkata Municipal Corporation Act 1980.

(2.) It has been contended by the petitioner that on or about 2/12/2015 the opposite party no. 2 lodged a complaint before the Officer-in-charge of the Beliaghata police station in connection with 43, Barwaritalla Road, Kolkata700010 alleging certain unauthorised construction against the petitioner being the person responsible, in alleged violation of the sanctioned municipal building plan of the said premises being building plan no. 2014030029 dtd. 14/7/2014. Followed by the said complaint, concerned authority of the Kolkata municipal Corporation (hereinafter referred to as KMC) filed a case report in respect of such violation and/or deviation in connection with the construction of a partly four-storied and partly five storied building.

(3.) Prior to the said complaint, at the instance of the opposite party no. 2, a complaint was initiated under Sec. 400(1) read with Sec. 416 followed a show cause notice under Sec. 416 (5) of the KMC Act in respect of the premises in question for alleged unauthorised construction being the deviation from the original sanctioned plan dtd. 14/7/2014 and show cause notice dtd. 17/3/2017 was served upon the petitioner in this regard. On the basis of a hearing which took place on 5/6/2017 the concerned authority of KMC was inter alia pleased to allow the petitioner to retain the construction along with change of user subject to submission of an affidavit declaring on oath that no construction whatsoever in the subject premises without prior sanction from the authority will be undertaken.