Puspa Rani Das v. The Kolkata Municipal Corporation And ORS

14.

11-07-2022 debajyoti (Ct. no.24) In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 12067 of 2022 Puspa Rani Das Vs.

The Kolkata Municipal Corporation & Ors.

Mr. Sarbananda Sanyal, Ms. Poulami Chakraborty, Mr. Anand Keshri, Mr. Sekhar Mukherjee ... For the Petitioner.

Mr. Debjit Mukherjee, Ms. Dipanwita Ganguly ... For the K.M.C.

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

Aggrieved by the order passed by the Executive Engineer (Civil)/Bldg. Dept., Borough-X of the Kolkata Municipal Corporation in D/Case No.21-D/Br.-X/2223, communicated vide Memo dated 11th June, 2022, the petitioner preferred an appeal before the Municipal Building Tribunal being B.T. Appeal No.109 of 2022 on 22nd June, 2022.

It has been submitted that no date has yet been fixed for hearing of the said appeal. The petitioner apprehends that during the pendency of the appeal, the men and agents of the Kolkata Municipal Corporation may take steps for demolition of the alleged unauthorized construction immediately after the period mentioned in the demolition order expires. Without going into the merits of the impugned order, as it appears that the petitioner has already

approached the Municipal Building Tribunal by filing an appeal against the order of demolition, the men and agents of the Kolkata Municipal Corporation are restrained from taking any further steps in the matter till 31st August, 2022.

Learned advocate for the petitioner is granted leave to apprise the Municipal Building Tribunal about the urgency involved in the matter and to seek an urgent hearing of the appeal highlighting his apprehension.

The writ petition stands disposed of.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of necessary formalities.

(Amrita Sinha, J.)