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Judgment
The petitioner alleges that the order of conversion granted by the Special Officer Building, Kolkata Municipal Corporation dated March 16, 2018, was
passed in violation of the provisions of law.
According to the petitioner, the Kolkata Municipal Corporation did not have any power under the Regulations of 2015 to regularize conversion of
residential spaces to commercial ones.
According to Mr. Sen, learned Advocate appearing for the petitioner, the Regulation of 2015, did not empower the Kolkata Municipal Corporation to
regularize any conversion of user of flats.
Upon hearing the elaborate submissions, this Court finds that the impugned order has been passed with regard to regularization of 95.13 square metres
of residential area to business area and reduction of the parking spaces from 11 to 10.
Mr. Basu, learned counsel appearing for the respondent Nos. 9 to 12 submits that with regard to the allegations of unauthorized user and change of
user of flat No. 1A, the hearing officer is already adjudicating the issue. Thus, according to Mr. Basu, parallel proceedings cannot continue.
Mr. Alok Kumar Ghosh, learned counsel appearing for the Kolkata Municipal Corporation submits that the writ petition is not maintainable in view of
the provision of appeal before the Municipal Building Tribunal under Section 416(6) of the Kolkata Municipal Corporation Act.
Under such circumstances, the Court does not put any impediment on the proceedings already pending in respect of flat No. 1A before the hearing
officer. Such proceeding shall continue and the order shall be passed in accordance with law.
With regard on the impugned order, the Court finds that the matter has to be decided on affidavits. Affidavit in opposition be filed within four weeks
from date. Affidavit in reply, if any, be filed within one week thereafter.
Liberty to mention. The point of maintainability is kept open. The point of maintainability will be decided along with the writ petition itself. In the
affidavit, the Kolkata Municipal Corporation shall also disclose their stand with regard to Flat No. 3A which according to the petitioner, has been
converted for commercial use.
Parties to act on the server copies of this order.