SOUMITRA PAL,J. - (1.) As prayed for, leave granted to the petitioners to add Joint Municipal Commissioner, Kolkata Municipal Corporation as a party respondent. Let the cause title be amended in course of this day. Since Mr. Banerjee, learned advocate on behalf of the Corporation accepts service of notice on behalf of the added respondent, no further copy need be served. Heard Mr. Basu, learned senior advocate for the petitioners, Mr. Chatterjee, learned senior advocate for the Kolkata Municipal Corporation and Mr. Dasgupta, learned advocate for the private respondent no.6.
(2.) Since it is submitted on behalf of the petitioners that the impugned notice dated 12th September, 2011 was issued by the Executive Engineer, Building Department, Borough.-VIII, Kolkata Municipal Corporation without giving an opportunity of hearing to the petitioners, who are the complainants, which is not disputed by the Corporation and, therefore, as I find it has been wrongly recorded in the impugned notice dated 12th September, 2011 that hearing was granted, considering the facts and circumstances of the case, the writ petition is disposed of by directing the Joint Municipal Commissioner, Kolkata Municipal Corporation, the added respondent, to dispose of the complaint dated 1st March, 2011 by passing a reasoned order to be communicated to the parties within four weeks from the date of communication of this order after giving an opportunity of hearing to the representative of the petitioners and the respondent nos. 6 to 12 and after verifying the records and after causing an inspection of the premises either personally or through an officer upon notice, if necessary. At the time of hearing parties are at liberty to furnish documents in support of their respective contentions and the added respondent in his reasoned order shall deal with the same. Till reasoned order is passed and communicated no further effect should be given to the plan which has been regularised as evident from the letter dated 12th September, 2011. It is also made clear that the authorities of the Corporation shall not take any coercive action till reasoned order is passed and communicated. Before embarking on hearing the added respondent shall furnish a copy of the complaint dated 1st March, 2011 to the private respondent nos.6 to 12.
(3.) No order as to costs.;