Harish Tandon, J. - (1.) It is not in dispute that a complaint was lodged by the private respondents against the petitioners allegedly on the ground that an illegal and unauthorized construction had been made in violation of the conditions imposed in the sanction / permission.
(2.) As usual the Kolkata Municipal Corporation issued notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 and thereafter kept the matter in abeyance. No further action was taken thereafter, which constrained the private respondents to approach this Court seeking direction upon the Corporation to initiate a proceeding under Section 400 of the Act.
(3.) In terms of the direction passed by this Court, the statutory provisions were activated and the authority initiated a proceeding under the aforesaid provisions.;