- (1.) Despite service of notice upon the private respondents, none appears on behalf of the private respondents to oppose this writ petition at the time when this application is taken up for hearing.
(2.) In this writ petition, the petitioners complain that unauthorised construction is being made by the private respondents at Premises No. 26A, Brindabon Bose Lane, Kolkata-700006. As a matter of fact, on a complaint made by the petitioners, the Municipal authority inspected the said premises and found a G+2 storied building has been constructed by the private respondents without any sanctioned plan. Notice under Section 401 of the Kolkata Municipal Corporation Act was also served upon the private respondents calling upon them to stop all constructional work including addition and alteration in the said premises.
(3.) Since the private respondents continued their constructional work in the said premises in defiance of the notice under Section 401 of the Kolkata Municipal Corporation Act, guard was posted by the Municipal authority to prevent the private respondents from raising any further construction in the said premises. A complaint has also been lodged under Section 401A of the Kolkata Municipal Corporation Act with the local police station against the private respondents for raising such unauthorised construction in the said premises.;