Calcutta High CourtWPA/20480/2018disposed

Asis Chakraborty@Tukai Chakraborty v. The Kolkata Municipal Corp & ORS

2025-01-15Hon'Ble Justice Shampa Dutt (Paul)3 pages

24.04.2026 Item No.38 Ct. No. 30 Aloke CPAN 1490 of 2025 with CAN 1 of 2025 in WPA 20480 of 2018 Asis Chakraborty alias Tulai Chakraborty Vs.

Smt. Smita Pandey The Municipal Commissioner, KMC Mr. R.N. Chakraborty Mr. M. Ahmed ... for the petitioner Mr. Alok Kr. Ghosh Mr. Gopal Chandra Das ... for the KMC

1. The alleged contemnor in the present case has filed a report in the form of affidavit.

2. In course of hearing the contempt application, it is stated on oath in the report by the alleged contemnor that :

"after passing of the said order dated 15.01.2025, the deponent along with the building Department tried their level best to demolish the aforesaid premises as per the order passed by this Court. Although certain portions have already been demolished, but due to the building's full occupation by the

inhabitants it is/was not possible for the KMC authorities to demolish the same.

Now, substantial portion of the building has been demolished by the Building Department with the help of the police personnel and the said work of demolition is continuing after vacating the residents who are in occupation of the flats in the concerned building by the police force."

3. Learned senior counsel for the alleged contemnor submits that they are unable to comply with the direction of this Court considering that they have to get occupants of the premises removed, for which the alleged contemnor (KMC) prays for assistance of the local Police Station.

4. Considering these facts, the contempt application is disposed of, with the direction that the Kolkata Municipal Corporation, the alleged contemnor, shall take all steps to comply with this Court's order dated 15.01.2025 of which violation has been alleged, with the help of the local Police Station, who shall render full

assistance to the Corporation Authorities to carry out the Court's order.

5. The whole exercise be completed within 30 days on and from 11th May, 2026.

6. The contempt application stands disposed of.

7. CPAN 1490 of 2025 is disposed of.

8. Connected application, if any, stands disposed of.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)