Joydeb Bag v. The Kolkata Municipal Corporation And Others

sl 06-10-2020 Court No. 10 ssi WPA 8075 of 2020 Sri Joydeb Bag & anr.

-Vs- Kolkata Municipal Corporation & ors.

(via video conference) Mr. R. N. Chakraborty Ms. Amrita De ......for the petitioners Mr. Alak Kr. Ghosh Mr. Swapan Kr. Debnath ....for the K.M.C.

With the grievance that there is no functioning tribunal to hear the appeal of the petitioners against the order passed by the Special Officer Building dated 14th October, 2020 (at page 23 of the writ application) the petitioners are not being able to move their appeal which he has already filed and number whereof is B.T.A. 26 of 2020. The stay application in connection with the said appeal has also been filed which is at page 30 and 31 of the writ application., At the time of hearing, I wanted to ascertain as was submitted by the petitioners whether the Appellate Tribunal is not functioning and Mr. Ghosh, learned advocate appearing for K.M.C. has intimated that the members of the tribunal are coming to their office but for some difficulties there they are not hearing matters.

However, I request the tribunal (members whereof are Mr. Ashutosh Kar, Chairman and Mr. Soumitra Chakraborty, Technical Member) who seat at K.M.C. Building Tribunal having its address at 15N, Nelie Sengupta Sarani, Kolkata- 700 027 to hear the appeal within a period of two weeks from date and for this purpose, the petitioner shall mention the matter before the members of the tribunal in their office with a notice upon the learned advocate of the K.M.C. for fixing the date of hearing. The order of execution for demolition of the unauthorized building being Annexure P-"5" dated 1st October, 2020 issued by the Executive Engineer Building Department, Borough-II for a period of thirty (30) days. I hope and expect that the tribunal will hear out the appeal and the stay application within the aforesaid period i.e. 15 days from date. With this direction, this application is disposed of.

(Abhijit Gangopadhyay, J.)