- (1.) The writ petitioner complains of unauthorised construction at premises No. 32 Manquis Street, Kolkata - 700016. When the writ petition was moved by an order dated September 25, 2014, this Court required the Kolkata Municipal Corporation to file a report regarding the subject matter of the writ petition by the adjourned date. Directions for affidavits were given. The Kolkata Municipal Corporation has used an affidavit. It is contended on behalf of the writ petitioner that, a portion of the structure occupied by the respondent Nos. 6 to 9 at premises No. 32 Manquis Street, Kolkata - 700016 is unauthorised. They were issued in a notice under section 401 of the Kolkata Municipal Corporation Act, 1980 previously. It is submitted on behalf of the writ petitioner that, since the subsequent report of the Kolkata Municipal Corporation finds a portion of the construction occupied by the respondent Nos. 6 to 9 to be unauthorised, suitable steps for demolition of such unauthorised construction be initiated by the Kolkata Municipal Corporation within a time frame that may be specified by the Court. The suit filed by the private respondents and the orders passed therein has nothing to do with the merits of present petition.
(2.) The private respondent Nos. 6 to 9 are represented. It is submitted on their behalf that, the Kolkata Municipal Corporation had submitted its report pursuant to the order dated September 25, 2014. In such report, the Kolkata Municipal Corporation did not find any portion of the area under occupation by the respondent Nos. 6 to 9 to be unauthorised. It is submitted that, if the Kolkata Municipal Corporation proceeds on the basis of the second report, then also, the private respondent should be allowed to represent their case before the Kolkata Municipal Corporation with regard to the allegation of unauthorised construction levelled against them. The pendency of the civil suit should be considered.
(3.) I have considered the rival contentions of the parties and the materials made available on record.;