Narinder Singh Ahluwalia v. C.M.C.

11.06.2024 Item No. 30 PG Ct. No.7 W.P.A. 28363 of 2006 Narinder Singh Ahluwalia

Versus

The Kolkata Municipal Corporation & Ors.

Mr. Goutam Misra Mr. Vaskar Pal ............for the petitioner

1. The writ petitioner has prayed for a direction upon the authorities of the Kolkata Municipal Corporation to declare the building situated at 98, Mahatma Gandhi Road under Jorasanko Police Station, Kolkata-700007 as a dangerous building and to permit the petitioner to demolish the same.

2. The learned advocate for the petitioner draws the attention of the Court to the inspection report of a Surveyor and Valuer dated 20th April, 1999, wherein it has been stated that the condition of the building cannot be improved by mere maintenance work and its restoration will require major structural reinforcement.

3. It appears from record that a representation dated 22nd July, 2006 was submitted before the Executive Engineer (Building) but no decision on such representation appears to have been taken as yet.

4. In view thereof, W.P.A. 28363 of 2006 is disposed of by directing the competent authority of the Kolkata Municipal Corporation to consider the representation dated 22nd July, 2006 and after making an inspection of

the premises in question, pass a reasoned order after giving an opportunity of hearing to the petitioner as well as any other occupants of the said building and communicate such order to the parties.

5. The entire exercise shall be completed within a period of six weeks from the date of communication of a server copy of this order along with the copy of the representation dated 22nd July, 2006.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(HIRANMAY BHATTACHARYYA, J.)