Subhas Saha v. The Kolkata Municipal Corporation And ORS.

OD-1 WPO/678/ 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SUBHAS SAHA

Versus

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 4th February, 2022 (Via Video Conference) Appearance:

Mr. P. S. Deb Barman, Adv.

Mr. Amit Gupta, Adv.

Mr. M. Nazar Chowdhury, Adv.

..for the petitioner Mr. Gopal Ch. Das, Adv.

Mr. Rudranil De, Adv.

The Court: The order impugned before this Court is an order of the Executive Engineer (Civil/Building), Br.-III, Kolkata Municipal Corporation dated 20th January, 2022.

According to the petitioner, the Corporation has given only five days' time to the petitioner to demolish the alleged unauthorised portion of the building even without allowing the petitioner the time under the statute to prefer an appeal. Subsequent communication has indicated that the Corporation shall take steps for demolition on February 11, 2022.

As the order of demolition is an appellable order, this Court is of the opinion that the petitioner should prefer an appeal against the order of demolition before the learned Municipal Building Tribunal in accordance with law. Such appeal shall be filed within a period of 10 days from date on the basis of a photo copy of the order, if the certified copy has not yet been received. As and when the said certified copy is received, the same shall be filed before the learned Tribunal. The order of demolition shall remain stayed unconditionally for a period of eight weeks within which time the person responsible/appellant shall be at liberty to apply for such interim orders as permitted by law. The application for such interim order shall be filed upon notice to the Corporation. The learned Tribunal shall hear out the said application in accordance with law and independently without being influenced by any observation made in this order. If the appellant fails to obtain any interim order, then the Corporation may proceed in accordance with law.

This Court has not gone into the merits of the order of demolition and all points are to be decided by the learned Tribunal, including the point of maintainability of the appeal.

This writ petition is, thus, disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order. (SHAMPA SARKAR, J.) kc.