JUDGEMENT
SOUMITRA PAL,J. -
(1.) In this writ petition, the petitioner has alleged that the private respondent nos.8,9 and 10 have raised an unauthorized construction. Submission has been made by Mr.Roy, learned Senior advocate for the petitioner, that though it is evident that unauthorized construction has been made and complaint was lodged on 9th November, 2011 before the Officer-in-Charge, Amherst Street Police Station, respondent no.7, till date no step has been taken by the authorities of the Kolkata Municipal Corporation. Submission is under section 400 of the Kolkata Municipal Corporation Act, 1980, Corporation should have initiated proceedings and should have completed the same within a fortnight and submission is appropriate direction may be issued for demolition of the construction which is without sanction. In support of his submission, Mr. Roy has relied on the photographs annexed to the writ petition.
(2.) Mr.Chatterjee, learned advocate for the respondent nos.8,9 and 10 submits that a temporary construction was made for printing question papers and it has since been dismantled. In support he has relied on two photographs which are furnished in Court today. Let it be kept on record.
(3.) It is submitted by Mr. Banerjee, learned advocate for Kolkata Municipal Corporation that there are typographical mistakes in FIR appearing at page-105 of the writ petition. Submission is that on inspection it has been found that the structure made was temporary in nature and there has been no permanent construction. Moreover, the private respondents have given an undertaking that they shall not undertake any unauthorized construction and had affirmed an affidavit to that effect and accordingly guards posted have been withdrawn.;
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