- (1.) ALLEGING that the respondent no. 8 (adjacent owner of property) had been raising illegal and unauthorized construction, the petitioner lodged an objection with the Kolkata Municipal Corporation (hereafter the Corporation) seeking redress. Since the Corporation remained inactive, the petitioner invoked the writ jurisdiction of this Court by filing W. P. No. 375 of 2007 praying for, inter alia, the following relief : " (a) In the nature of Mandamus directing the respondent authorities, their men, agents associates and each of them to take all possible/feasible steps in accordance with law to stop immediately such illegal unauthorized construction carried out by the respondent no. 6 over his property at 7, akhil Mistry Lane, Kolkata 700 009; (b) In the nature of Mandamus directing the respondent authorities, their men, agents, associates and each of them to take steps in accordance with law and inspect the aforesaid premises of the respondent no. 6 and also furnish information to the petitioner whether the respondent no. 6 has obtained any sanction from the concerned authority regarding his construction over his aforesaid property;"
(2.) BY an order dated 29. 3. 07, the writ application was disposed of by, inter alia, the following order : " In the writ application the petitioner has alleged that though the respondent No. 6 is carrying on an authorized construction at 7akhil Mistry Lane, Kolkata which was brought to the notice of the authorities of the Kolkata Municipal corporation, yet no steps have been taken. Learned advocate appearing on behalf of the Kolkata municipal Corporation on instructions submits that the allegations against the authorities are not correct, since after receiving the complaint, on 11th January, 2007, stop work notice was issued under Section 401 of the Kolkata Municipal corporation Act, 1980. Guards were posted. However guards were withdrawn after an undertaking was given by the private respondent and charges for posting of guards were deposited. Submission has been made that the municipal authorities are shortly going to initiate proceedings under Section 400 of the said Act. In my view, since it appears from the submission on behalf of the Corporation that steps have been taken, no further order need be passed save and except that the Executive engineer, Borough-V shall forward the matter to the Special officer (Building), Kolkata Municipal Corporation within a fortnight from the date of communication of this order and, thereafter, the Special Officer shall dispose of the matter in accordance with the provisions of the Kolkata Municipal corporation Act, 1980 after giving notice for hearing to the petitioner and the respondent No. 6. I make it clear that I have not gone into the merits of the case and all points are left open to be decided by the authorities. "
(3.) IT is the grievance of the petitioner that despite forwarding the order passed by this Court and despite urging the Corporation to take immediate steps in terms thereof to prevent illegal construction being carried on by respondent no. 8, the Corporation did not respond. Feeling aggrieved thereby, the petitioner has approached the Court of Writ once again with the present petition wherein, inter alia, he has prayed for the following relief : " (a) In the nature of Mandamus directing the respondent authorities their men servants agents associates and each of them to take steps regarding the demolition of unauthorized and/or illegal construction carried on by the respondent No. 8 over his property at 7, Akhil Mistry Lane, Kolkata 700 009 with immediately effect; (b) In the nature of Mandamus directing the respondent authorities their men servants agents associates and each of them to take steps immediately to prevent/stop the illegal and unauthorized construction carried on by the respondent no. 8 over his above mentioned property any further;" Learned counsel for the petitioner contended that the Corporation should be directed to take immediate steps against the respondent no. 8 who has been carrying on illegal construction activities with impunity.;