Anu Shaw v. The Kolkata Municipal Corporation And ORS

15.07.2024 Item No.23 Ct. No.15 S.A.

WPA 28752 of 2023 Anu Shaw -vsThe Kolkata Municipal Corporation & Ors.

Mr. Sabyasachi Mukherjee Mr. Mukesh Khanna Mr. Mrinmay Nandy Mr. Poulam Dey Ms. Ankita Nandi ...for the petitioner Mr. Achintya Kumar Banerjee Ms. Indumouli Banerjee ...for the Corporation Mr. Amal Sen Ms. Ashima Das (Sil) ...for the State Mr. Asis Bhattacharyya Mr. B. Mitra Ms. Nilam Kumari ...for respondent no.14 The writ petitioner seeks implementation of an order dated June 5, 2023, passed in B.T. Appeal No. 40 of 2022 whereby the Building Tribunal passed an order for demolition of an unauthorised construction at the relevant premises.

Learned advocate appearing for the Corporation submits that against the order of Building Tribunal, a revisional application was preferred by respondent no.14 (C.O. 2376 of 2023) (Arijit Banerjee vs. Anu Shaw & Ors.) and the Revisional Court on July 27, 2023 passed an order for status quo to be maintained with regard to the construction till November 30, 2023.

The Corporation submits that whether the said interim order has further been extended or not, is not within the knowledge of Corporation.

Needless to mention that the order of the Building Tribunal shall abide by the decision passed in C.O. 2376 of 2023.

Accordingly, WPA 28752 of 2023 is dismissed.

(Kausik Chanda, J.)