Arindam Ghosh v. Binod Kumar The Commissioner Of Municipality

29.07.2021 SL No. 108 Court No.24 (P.M.) CPAN 287 of 2021 Arindam Ghosh Vs Binod Kumar & Ors.

in WPA 6934 of 2020 Shivasubh Complex LLP.

Vs Kolkata Municipal Corporation & Ors.

Mr. Arif Ali ... for the petitioner.

Mr. Alok Kumar Ghosh, Mr. Dwijadas Chakraborty ... for contemnors.

The instant contempt application has been filed by the respondent No. 6 in the writ petition.

The Court by order dated 19th January, 2021 disposed of the writ petition by granting the petitioner a fortnight's time to file the scheme for rehabilitation. It appears from the documents submitted before the Court by the learned advocate representing the Kolkata Municipal Corporation that the scheme for rehabilitation was filed on 29th January, 2021, that is, within the time stipulated by the court.

The Court directed that in the event the scheme is filed within the aforesaid time frame, the Kolkata Municipal Corporation shall take necessary steps for settling the same

after giving an opportunity of hearing to the petitioner and all other necessary parties.

The learned advocate for the Corporation submits that hearing was given to some of the parties but all the necessary parties have not been heard till date. Accordingly, 30th July, 2021 had been fixed for hearing the remaining parties. In the meantime, it has been submitted by the learned advocate for the Corporation, the petitioner in the contempt application has served a letter on 27th July, 2021 opposing the hearing fixed on 30th July, 2021. The Corporation on receipt of the aforesaid objection from the petitioner herein cancelled the hearing which was scheduled on 30th July, 2021.

As the Corporation was directed to give opportunity of hearing to all the necessary parties, accordingly, the Corporation is directed to proceed with the hearing and conclude the proceedings at the earliest without any unnecessary delay.

The contempt application stands disposed of.

All the parties are directed to extend cooperation to the men and agents of the Kolkata Municipal Corporation for the purpose of settling the scheme for rehabilitation. The report prepared by the Assistant Engineer (Civil) and Executive Engineer (Civil)/Building/Borough VI dated 22nd March, 2021 is retained with the records.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)