Bimal Chandra Halder v. The Kolkata Municipal Corporation And ORS

OD-1 ORDER SHEET WPO No.674 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE BIMAL CHANDRA HALDER VS.

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:11th April, 2023.

Appearance:

Mr. Raghunath Chakraborty, Adv.

Ms. Amrita De, Adv.

... for the Petitioner.

Mr. Alak Kr. Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

... for K.M.C.

Ms. Malabika Roy Dey, Adv.

...for Pvt. Respondent No.7.

Ms. Nilofer Siddique Alam, Adv.

...for Respondent No.6.

The Court:- The instant writ petition has been filed seeking permission to undertake repair and maintenance work at premises No.8, Sonali Park, Kolkata700084. The property in question is suffering an order of demolition. The demolition order being challenged before the appellate forum has been remanded back to the Special Officer (Building), Kolkata Municipal Corporation for disposal. Learned advocates appearing on behalf of the parties submit that hearing is continuing before the Special Officer (Building), Kolkata Municipal Corporation and the last date of hearing was 27.03.2023.

As it appears that the proceeding to deal with unauthorized construction is pending consideration before the Special Officer (Building), Kolkata Municipal

Corporation, accordingly, no permission can be granted by this Court in favour of the petitioner for effecting the repairing work as sought for. It will be open for the petitioner to approach the Special Officer (Building), Kolkata Municipal Corporation seeking relief. Special Officer (Building), Kolkata Municipal Corporation shall take efforts to ensure that the proceeding is concluded at the earliest, but positively by 30.05.2023.

The 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