Sonali Duttagupta & ORS. v. The Municipal Commissioner, Kmc & ORS.

OD-4 WPO 53 of 2016

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SONALI DUTTAGUPTA & ORS.

VS THE MUNICIPAL COMMISSIONER, KMC & ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 10th March, 2021.

Appearance:

Mr. Arindam Banerjee, Adv.

Ms. Arpita Saha, Adv.

Mr. Subhajit Chattopadhyay, Adv.

...for petitioner.

Mr. Alak Kr. Ghosh, Adv.

Mr. S.K. Debnath, Adv.

...for KMC.

The Court : During the pendency of this petition the petitioner had offered to pay a sum of Rs. 10 lakhs towards redemption charges in respect of the impugned construction which they had raised at the subject premises. Moreover an initial amount of Rs. 4,66,711/- had earlier been deposited by the petitioner with the KMC Authorities. Subsequently, an amount of Rs. 54,33,289/- has also been kept in a suspense account by the respondent Corporation. Accordingly, a consolidated amount of Rs.10,00,000/- has been deposited by the petitioner with the KMC authorities.

In view of the payment made on behalf of the petitioner, I am of the view that it is not necessary to go into the merits of the impugned order under

challenge. The aforesaid amount of Rs.10,00,000/- (Ten Lakhs) should be treated as redemption charges in full and final settlement of the petitioner. With the aforesaid direction, WPO 53 of 2016 stands disposed off. Interim order, if any stands vacated. There shall be no order as to costs. The parties are directed to act in accordance with law. (RAVI KRISHAN KAPUR, J.) SK.