JOYDEEP MONDAL Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The order passed by the learned Municipal Building Tribunal, Kolkata Municipal Corporation on 31/8/2022 in BT Appeal No. 102 of 2022 in not admitting the petitioner's appeal on the ground of delay is impugned in the present writ petition.

(2.) Bare facts of the case sans unnecessary details are as follows: The petitioner lodged a complaint alleging unauthorized construction against the private respondent at premises no. 1582, Anandapur Road, Madurdaha, East Kolkata Township within jurisdiction of Kolkata Municipal Corporation ('KMC' for short).

(3.) The petitioner claims that KMC sanctioned building plan for construction of G+3 storied building at the subject premises. Petitioner, a non resident Indian, is the owner of two self contained residential flats along with two car parking spaces at the said premises. His family members reside there. Sometime in September/October 2013 the petitioner came to learn that unauthorized construction of additional one and half floor on the roof top of the building at the subject premises was being constructed. He lodged complaint before the authorities. As no response was received by him, he made repeated reminders to KMC to take steps for demolition of the unauthorized construction. Before any steps were taken by the authorities, illegal construction was complete. Later on in the year 2017-18 the petitioner came to learn that a demolition proceeding against such unauthorised construction was initiated and the Deputy Chief Engineer (Building)/ South considered and disposed of the demolition case in connection with the said premises and the person responsible for making such construction was allowed to retain the unauthorized construction subject to compliance of certain formalities.