Advocate Rajesh Kshetry Overcomes Bias to Rectify Unlawful Construction and Mutation Certificate

Mr. Mohta, the sole owner of a property, filed a complaint regarding unauthorized construction on his land, which had been illegally encroached upon. He approached the Hon’ble Court with a writ petition under Article 226 of the Indian Constitution, pleading for the demolition/removal of the illegal construction by the respondent municipal authority. Additionally, he sought a mandatory injunction directing the respondent municipal authorities to take appropriate steps for the demolition/removal of the unauthorized structures.

The Hon’ble Judge, in response to the writ petition, ordered an inspection of the property by a concerned officer from the respondent’s side. The officer was to conduct the inspection and provide a report as an affidavit.

On the day of the inspection, Mr. Mohta, being a senior citizen, authorized Advocate Rajesh Kshetry to visit his property on his behalf. During the inspection, Mr. Kshetry and his associates faced abusive and foul language from local people under the leadership of a respondent, Mr. Shaw, rendering the inspection highly unsuccessful.

When the matter came up for hearing, the respondent authority filed an inspection report as an affidavit. The affidavit claimed that the property could not be located and that there was no unauthorized construction. This report was intended to mislead the Hon’ble Court, demonstrating unprofessionalism on the part of the respondent authority.

The report also incorrectly mentioned the existence of a tank on the property. However, the plot labeled as a “tank” in the mutation certificate was actually a shallow land used as a garbage dumping ground. This necessitated an amendment to the mutation certificate, and the writ petition sought rectification of this incorrect record.

Mr. Mohta also submitted the Inspection Book (Land & Buildings) of Kolkata Municipal Corporation, which did not mention the existence of a tank. This highlighted the baselessness of the respondent authority’s report and the erroneous nature of the mutation certificate issued to Mr. Mohta.

Solution

Advocate Rajesh Kshetry played a crucial role in this case. Despite facing unlawful bias from locals and the respondent authorities, Kshetry and Associates remained steadfast in their pursuit of justice for Mr. Mohta. They exposed the malicious actions of the respondent authorities and demonstrated how they operated arbitrarily, depriving Mr. Mohta of his property rights. The incorrect mutation certificate provided by the respondent authority violated Mr. Mohta’s fundamental rights under Article 14 and Article 19(1)(g) of the Indian Constitution.

Verdict

The Hon’ble Court ordered the respondent authority to rectify the mutation certificate, ensuring that the physical existence of the land and tank was correctly recorded. Further, the respondent authority was required to present themselves before the Hon’ble Court with relevant files for review. The respondent authority was also directed to submit affidavits within two weeks of the order, explaining why the land in question had been recorded as “land & tank” in municipal records for a prolonged period.

Advocate Rajesh Kshetry’s determined efforts and strategic legal approach secured justice for Mr. Mohta, ensuring the rectification of the mutation certificate and addressing the unauthorized construction on his property. This case highlights the importance of experienced legal representation in defending property rights and upholding constitutional protections.