SOUMITRA PAL,J. - (1.) In the writ petition the petitioner has alleged that the private respondent no.14 is raising a construction at 96, Dr. Biresh Guha Street, previously known as 96B Dilkhusha Street, Kolkata- 700017 without having any sanctioned plan from the authorities of the Kolkata Municipal Corporation. It is submitted by Mr. Banerjee, learned advocate for the petitioner that as it is evident from the intimation dated 10th February, 2012 issued by the Chief Executive Officer of Board of Wakfs, West Bengal, the respondent no.12 that unauthorised construction is going on, appropriate direction may be issued.
(2.) Mr. Dutta, learned advocate appearing on behalf of the Kolkata Municipal Corporation, on written instruction submits that pursuant to the complaint the premises was inspected and since it was found that construction is being raised without any sanctioned plan, a notice dated 9th February, 2012 under section 401 of the Kolkata Municipal Corporation Act, 1980 was issued directing the respondent no.14 to stop construction. Thereafter, as construction was continuing, on 16th February, 2012 municipal guards have been posted for prevention of such construction.
(3.) It is submitted by Mr. Mandal, learned advocate appearing on behalf of the respondent no.12 since construction is being raised without having any sanctioned plan, appropriate order may be passed for demolition.;