SHYAMAL SARKAR Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard learned Counsel for the parties. We have gone through the impugned order.

(2.) The party respondent was the writ petitioner, who approached the learned Judge complaining inaction on the part of the Kolkata Municipal Corporation, in not demolishing or stopping unauthorised construction of the building attempted by the appellant at premises No. 10, Dino Rakshit Lane, P.S. Jorabagan, Kolkata - 700 005. During course of submissions what we notice is, contention of writ petitioner, who is none other than the neighbour of the appellants herein, a complaint came to be lodged before the Special Officer (Building) of the Municipal Corporation, who said to have passed certain orders directing compliance of certain formalities. According to the appellant, those formalities are complied with and therefore, so called complaint at the instance of the private respondent has come to an end and therefore there was no justification for the direction of the learned Single Judge in the writ petition filed by the third party respondent.

(3.) As we notice from records and the submissions according to the appellant, they intended to put up pillars to strengthen the building undertaken which is in accordance with the procedure contemplated and the same was done after intimation to the Municipal Corporation.