Runa Begum And ORS. v. The Kolkata Municipal Corporation And ORS.

11.06.2026 SL No.11 Court No.12 (gc) MAT 959 of 2026 CAN 1 of 2026 CAN 2 of 2026 Runa Begum & Ors.

Vs.

The Kolkata Municipal Corporation & Ors.

Mr. Raghunath Chakraborty, Ms. Ananya Das ...for the Appellants.

Mr. Alok Kumar Ghosh, Ms. Debangana Dey ...for the KMC.

1. CAN 1 of 2026 is an application for special leave to appeal from the order dated April 9, 2026 passed by the learned Judge in a contempt application being CPAN 1372 of 2024 arising out of WPA 18925 of 2023.

2. We find from the order impugned that, Her Lordship had directed the Corporation to take follow up steps with regard to demolition of the property. We are of the view that, when the appellants have already preferred an appeal before the Municipal Building Tribunal from order passed in the demolition proceeding, the remedy of the appellant is before the Tribunal. The appellants were aware of the proceeding and of the decision of the Corporation. It is for the Municipal Building Tribunal to pass necessary orders that they deem fit and proper. We do not wish to comment on that.

3. Under such circumstances, we are of the opinion that there is no room for interference with the contempt

application at this stage. The appellants can proceed before the Tribunal in accordance with law.

4. Leave to prefer the appeal is, thus, not granted.

5. Accordingly, the appeal and the connected applications are disposed of.

6. All issues are left open to be decided at the appropriate stage.

7. However, there shall be no order as to costs.

8. Parties are to act on the server copy of this order. (Shampa Sarkar, J.) (Ajay Kumar Gupta, J.)