Asis Kumar Laha v. Union Of India & ANR

S/L 16 30.9.2020 Court No.12 SD W.P.A. 5562 of 2020 (Via Video Conference) Asis Kumar Laha Vs.

Union of India & Anr.

Mr. Asis Kumar Laha ... Petitioner-in-person.

Mr. Jishnu Chowdhury Ms. Sreya Basu Mallick Mr. Ankit Dey ... for the Respondent No.2.

This is an application under Article 226 of the Constitution of India where the writ petitioner is seeking repair of his residence to be carried out by the respondent authorities.

The petitioner resides in one of the houses that became inhabitable due to the Metro Rail disaster that had occurred in 2019.

The petitioner appears in person and submits that he wishes to take the benefit of the alternative accommodation being provided by the respondents. He further prays that an outer limit be provided by the respondent authorities with regard to the repair of his house.

Mr. Jishnu Chowdhury, counsel appearing on behalf of the respondent no.2, submits that they are ready and willing to provide an alternative accommodation to the petitioner. He further submits that the repair of the petitioner's building structure can only be started once the

boring machines are removed from the underground. He submits that it is expected that machines would be removed by the end of next year.

In light of the above, this writ petition is disposed of with a direction upon the respondent authorities to provide proper accommodation to the petitioner and endeavour to complete the work of repair of the structure of the petitioner within a reasonable time as indicated by the counsel for the respondent authorities.

Since, no affidavit-in-opposition has been called for the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)