Prabir Ranjan Sen And ORS v. Kolkata Municipal Corporation And ORS

Item No. 40 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 14.12.2022 Ct-24 WPA 6951 of 2022 Sri Prabir Ranjan Sen & Ors.

v.

The Kolkata Municipal Corporation & Ors.

Mr. Arnab Mukherjee Mr. S. Pyne ... for the petitioners.

Ms. Aishwarya Rajyashree Mr. Chandra Gupta Kakal ... for the respondent nos. 10 to 16.

Mr. Arijit Dey ... for KMC.

The order of demolition passed by the Special Officer (Building) in the year 2012 affirmed by the order of the Municipal Building Tribunal in 2019 is yet to be implemented.

Learned advocate for the petitioners submits that the unauthorized portion has not been demolished till date.

Learned advocate representing the Kolkata Municipal Corporation submits that the order of demolition is liable to be executed.

Learned advocate representing the private respondent nos. 10 to 16 submits, upon instruction that, her clients will not stand in the way of execution of the order of demolition.

In view of the above, the competent officer of the Kolkata Municipal Corporation is directed to take

immediate steps for implementing the order of demolition at the earliest but positively within a period of eight weeks from the date of communication of a copy of this order.

The writ petition stands disposed of.

Affidavit-of-service filed in Court today is taken on record.

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

sh (Amrita Sinha, J.)