and character of the land and clarified as ‘Bastu’ land in the records of the
BL&LRO. Thereafter, the petitioner company filed an application for mutation
cum amalgamation before the concerned department of KMC and subsequently
the aforesaid two plots were amalgamated into one plot and was renumbered
as premises No. 328, Diamond Harbour Road, and the same was accordingly
recorded in the Records of the Mutation Assessment Roll Book and the
inspection book maintained by the KMC, recording inter alia, the name of the
petitioner company as the owner of the premises.
3. It is pertinent to mention that the said amalgamated plot of land
purchased by the petitioner company was lying vacant and due to lack of
maintenance huge number of weeds, bushes, shrubs fully covered the said plot
of land along with the dirty filthy water which got accumulated on the said plot
during monsoon season. Taking the fullest advantage of the land lying vacant
the local people used the plot to dispose of their garbage, litter into the plot of
land. As a result the land turned out to be a breeding ground for mosquito
larvae on the stagnated water obstructing the free flow of the water. Eventually,
the plot turned out to be a dumping yard. The petitioner took the initiative to
clear the rubbish from the plot of land as the people of the locality raised hue
and cry by threatening to lodge a complaint before the Municipal authorities. In
consequence thereto, the petitioner company made a representation to the
Municipal authorities being the respondent No. 4 herein, seeking inter alia, a
permission for removing the garbage and cleaning the stagnated water.
However, the Municipal authorities instead of granting the permission as
sought for by the petitioner in the representation for cleaning of the dumping
ground, the Municipal authority on the contrary issued a Notice bearing Ref.
No. 5/124/2023 dated February 21, 2023 under section 496A of Kolkata
Municipal Act, 1980 (hereinafter referred to as the said act) directing inter alia,
that the persons responsible shall remove and treat the stagnant water within
7 days in terms of the said provision of law and restore the water body to its
original condition.