Ranjan Roy Chowdhury v. The Kolkata Municipal Corporation And ORS.

Ct No 19.04 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 5997 of 2023 Ranjan Roy Chowdhury Vs The Kolkata Municipal Corporation & Ors.

Mr. Nirmalya Biswas Mr. Anirban Datta ... For the petitioner.

Mr. N. C. Behani Ms. Tanushree Dasgupta ... For the K.M.C.

None appears on behalf of the private respondent. Affidavit-of-service filed in Court today be kept with the records.

Petitioner seeks implementation of the direction passed in the order dated 4th June, 2022 by the Special Officer (Building).

A report has been filed by the Assistant Engineer (C), Building Department, Borough - I signed on 21st March, 2023 mentioning that the department demolished the major portion of the unauthorised construction on 10.01.2023.

During execution of the demolition programme it was found that a very small portion of the eastern side premises with the unauthorised construction is occupied. Accordingly, the department could not demolish the said portion.

A request has been made to the Shyampukur PS to get the portion vacated and intimate the same to the

Corporation for fixing up a further date of execution of the demolition work.

Learned advocate for the petitioner admits that part demolition has been carried out.

In view of the above, the Corporation is directed to take up the matter with the Shyampukur PS and get the occupied portion vacated with the help of the police so that the unauthorized construction may be demolished. Steps shall be taken at the earliest, but positively within a period of twelve weeks from the date of communication of this order.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)