Amitava De Bhowmick And ANR. v. The Kolkata Municipal Municipal Corporation And ORS.

OD-3 ORDER SHEET WPO No.67 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE AMITAVA DE BHOWMICK & ANR.

VS.

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 22nd February, 2024.

Appearance:

Mr. Kushal Chatterjee, Adv.

Mr. Abhimanyu Bannerjee, Adv.

..for the Petitioners.

Mr. Gopal Chandra Das, Adv.

Mr. Atish Kumar Biswas, Adv.

... for KMC.

Mr. Sayantan Bose, Adv.

Mr. S. Mukherjee, Adv.

..for Respondent Nos. 9 & 10.

Mr. Rohit Das, Adv.

Ms. Kishwar Rahman, Adv.

Ms. Sristi Roy, Adv.

Ms. Divya J. Tekriwal,Adv.

..for Respondent Nos.11 & 12.

The Court:- The petitioners seek for a direction upon the respondent authorities for consideration of their representation praying for removing the existing defunct pipeline from underneath of the private passage of the petitioners.

Learned advocate representing the private respondent submits, upon instruction that, necessary charges have been deposited for shifting of the water connection pursuant to which the Corporation has already shifted the water connection. Right now only the old defunct pipeline is required to be removed. The engineers of the Corporation have opined that the petitioners may remove the defunct service pipe of the filter water connection from the alleged

common passage under supervision of the Kolkata Municipal Corporation, Water Supply Department at their own cost and to restore the passage to its original position at their own cost.

The Corporation is directed to intimate the petitioners the formalities required for removing the defunct service pipe of the filter water connection positively by 01.03.2024.

The writ petition stands disposed of.

Instruction filed by the Water Supply Department, KMC is taken on record.

Affidavit of service filed in Court today is taken on record. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm