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Judgment
Arindam Sinha, J
Grievance agitated by petitioners is of illegal and unauthorized construction at premises V-134/1 SA Farooquie Road, Kolkata â€" 700 018. In course
of hearing the Corporation had filed report dated 29th November, 2019, from which second bullet point is reproduced below: -
“It is stated that as per records of the building department, no building plan has been sanctioned nor any application for sanction for building plan
pending in respect of the captioned premises. For this reason, this department does not posses authentic information regarding the nature/character or
area of the land and the names of the recorded owner(s) thereof. Without such information, it is not possible for building department to form a definite
opinion whether any new construction can be made at the captioned premises.â€
Mr. Mookherji, learned advocate appears on behalf of petitioners and had disputed the report. Special Officer was appointed at instance of petitioners.
Special Officer filed his report dated 23rd December, 2019. Special Officer said in his report, inter alia, as follows: -
“The said structure consists of two (2) rooms and on the outer side a small meter box room having several meters in it measuring about 407 sq.
feet more or less. It is an old dilapidated R.T. Shed structure on B.W. and I have found no construction is going on at said premises no. V-134/1, S.A.
Farooquie Road, Ward No. 139, Borough â€" XV, P.S. Raja Bagan Kolkata â€" 700 018.
…..
The learned Advocate, Mr. Jayed Hussain for the respondent no. 6 and 7 had shown me a Kolkata Municipal Corporation sanctioned building Plan
having Plan no. 2019150005 dated 11.05.2019 Borough No. XV for G+IV storied building to be constructed at Premises No. V-134/1, S.A. Farooquie
Road, Ward No. 139, BR No. â€" XV, Police Station â€" Raja Bagan, Kolkata â€" 700 018 and handover a copy of the said plan to me. The
petitioners vehemently objected that the premises where construction is going is premises no. V-134/1/A, S.A. Farooquie Road, Kolkata â€" 700 018
rather it is the same premises No. V-134/1, S.A. Farooquie Road, Kolkata â€" 700 018 a skeptch map of the two premises is annexed herewith.
Thus on my visit I found that no construction is going on at premises no. V-134/1 S.A. Farooquie Road, Kolkata â€" 700 018 and its address was
identified by Kolkata Municipal Corporation Engineers from the records of Kolkata Municipal Corporation, which they have brought along with
themselves.â€
Special Officer is present and also draws attention of Court to last paragraph in his report. Mr. Chatterjee, learned advocate appears on behalf of the
Corporation and submits, Special Officer was asked to identify himself by way of abundant caution. He tenders apology to Special Officer on behalf
of the officer present at site.
Extract from Special Officer’s report clears up all doubts. Construction is going on in property of private respondents, adjacent to the property in
which unauthorized construction was alleged.
As such, on record of proceedings as in order sheet, the writ petitions are disposed of.