Biswanath Law v. The Kolkata Municipal Corporation And Others

OD-3 ORDER SHEET WPO No.276 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE BISWANATH LAW VS.

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:21st April, 2023.

Appearance:

Mr. Brotindro Mullick , Adv.

Mr. Debnath Ganguly, Adv.

Mrs. Aishwarya P. Ganguly, Adv.

...for the Petitioner.

Mr. Arijit Dey, Adv.

Ms. Manisha Nath, Adv.

... for KMC.

The Court:-A compliance report has been filed signed on 13.04.2023 by the Deputy Chief Engineer [Civil]/Executive Engineer [Civil], Borough-IV, Kolkata Municipal Corporation mentioning that a demolition programme was arranged and the demolition work was executed successfully and the illegal encroachment on the footpath in front of the premises no.71A/1, Kailash Bose Street has been removed with the help of the S.W.M./Borough-IV Department and the local police authorities.

Photographs have been annexed with the report. Learned advocate for the petitioner admits that the demolition work has been conducted successfully. It has been submitted that a tree was there which was felled off for the purpose of making unauthorised construction. The petitioner prays for a direction upon the Corporation to plant a tree at the same place where the tree guard is there. The Court thinks it fit to direct the petitioner to plant the tree and to take care and maintain the same.

Writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (AMRITA SINHA, J.) nm