Parents of Trinamool Congress MP Abhishek Banerjee have approached the Calcutta High Court challenging a notice issued by the Kolkata Municipal Corporation (KMC) alleging unauthorised construction at their residential property in south Kolkata.
The writ petition has been filed by Amit Banerjee and Lata Banerjee seeking quashing of the notice on the ground that the construction at the property situated at 29-C, Harish Chatterjee Street, was carried out in accordance with applicable municipal laws and sanctioned building plans. The petitioners contended that no unauthorised or illegal construction existed at the premises and that the impugned notice had been issued despite full compliance with statutory requirements governing building activity.
The matter is scheduled to be taken up by the Vacation Bench of Justice Smita Das De.
The challenge pertained to a notice issued under Section 400(1) of the Kolkata Municipal Corporation Act, 1980, which empowered municipal authorities to initiate proceedings in respect of alleged unauthorised constructions while providing property owners an opportunity of hearing before any adverse action is taken.
The petition asserted that the proceedings were legally unsustainable as the structure was constructed pursuant to valid approvals and did not involve any deviation that would justify action under the statutory framework regulating unauthorised constructions.
The dispute arose against the backdrop of a series of notices issued by KMC in respect of several properties allegedly owned, co-owned, or associated with Abhishek Banerjee and members of his family. Through these notices, the civic body sought production of sanctioned building plans, supporting documents, and explanations concerning alleged deviations from approved plans.
The notices further warned that coercive action, including demolition proceedings, could be initiated in the event of non-compliance or failure to satisfactorily explain the alleged deviations.
Among the properties that reportedly came under scrutiny were premises located on Harish Mukherjee Road and Kalighat Road. In relation to the Kalighat Road property, a notice was stated to have been served on Lata Banerjee. The civic authorities subsequently indicated that time had been sought for furnishing responses and placing the relevant records before the corporation.
Through the present writ petition, the petitioners have sought judicial intervention to set aside the impugned notice and restrain further proceedings arising from the allegation of unauthorised construction.
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