Ashis Ghosh v. State Of West Bengal And ORS.

22.02.2022 Court No. 19 Item no.16 CP WPA 1461 of 2022 Ashis Ghosh & anr.

Vs.

State of West Bengal & Ors.

Mr. Supratik Basu Mr. Shuvam Shaw Ms. Samata Chhari ..for the petitioners.

Mr. Fazlul Haque Ms. Monidipa Pal ....for the K.M.C.

Mr. Malay Kumar Singh Mr. Debanjan Chatterjee ....for the State.

The petitioners are aggrieved by the demolition order dated January 22, 2022, issued by the Executive Engineer (Civil/Building), Borough-III, Kolkata Municipal Corporation. The order impugned is an appealable order.

It appears that 5 days time was given to the petitioners to demolish the unauthorized portion, failing which the Kolkata Municipal Corporation threatened to take action for demolition.

The petitioners have not preferred any statutory appeal and apprehend that the demolition may take place at any time. Hence, intervention of the writ court is sought for.

Admittedly, the pandemic situation has caused serious hardship to the litigants.

As the law provides an alternative remedy, this court does not interfere with the order impugned, but grants liberty to the petitioners to prefer a statutory appeal in accordance with law.

The order of demolition shall not be given effect to for a period of three months from the date of communication of this order.

If within such time, the learned tribunal does not grant any interim injunction against the order impugned, the Kolkata Municipal Corporation may proceed according to law. This order shall not be construed as an opinion on the merits of the appeal or on the merits of the order impugned.

The learned tribunal shall decide the entire issue expeditiously and independently.

The writ petition is, thus, disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)