Mansura Bibi And ORS v. The Kolkata Municipal Corporation And ORS
02.01.2023 D.Hira In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 25267 of 2022 Mansura Bibi & Ors.
-versus The Kolkata Municipal Corporation & Ors.
Mr. Gobinda Kar, ...For the Petitioner.
Mr. Saikat Chatterjee, Mr. Abdul Rakib, Mr. Pragyam Pal, ...For the Private Respondents.
Mr. Srijan Nayak, Mr. Swapan Debnath.
...For the K.M.C.
The matter relates to the demolition case initiated by the Executive Engineer and the Assistant Engineer of the Building Department, Borough No. XV of the Kolkata Municipal Corporation.
By a notice dated 18th October, 2022 the petitioners were directed to show cause within a week from the date of service of the notice why the erection, alteration, addition or other work at premises no. Y195, Kanthal Beria Road, Ward No. 140 should not be demolished in accordance with Section 400 of the Kolkata Municipal Corporation Act, 1980.
The petitioners are yet to give a reply or show cause as directed.
Learned Advocate representing the private respondents submits that his client does not have any role to play in the matter, at this stage.
It will be open for the petitioners to take steps pursuant to the notice issued on 18th October, 2022. The time period to file show cause has expired. For ends of justice, petitioners are given time to file show cause by 13th January, 2023. If the show cause is filed within the time as stipulated hereinabove, the concerned authority of the Kolkata Municipal Corporation shall consider the same in accordance with law.
Leave is granted to the learned Advocate on record of the petitioner to correct the address of the private respondents in the cause title of the writ petition. The correct address of the private respondents should be Y-194, Kanthal Beria Road, Post Office Bartala, Police Station Nadial, Kolkata - 700018. The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)