Ejaz Ahmad And ORS v. Kolkata Municipal Corporation And ORS

OD-7 ORDER SHEET GA No.1 of 2024 WPO No.351 of 2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE EJAZ AHMAD & ORS.

VERSUS

KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 13th May, 2024.

Appearance:

Mr. Mohendra Prosad Gupta, Adv.

Mr. Ayan Mitra, Adv.

Mr. Sartak Singh, Adv.

...for Petitioners.

Mr. Shayak Chakraborty, Adv.

Ms. Sanjukta Majumdar, Adv.

...for Applicant.

[In GA/1/2024] Mr. Alak Kumra Ghosh, Adv.

Mr. Swapan Kumar Debnath, Adv.

...for KMC Mr. Subrata Guha Biswas, Adv.

Mr. Dhananjoy Banerjee, Adv.

Mr. Paritosh Sinha, Adv.

...for the State.

The Court:- It appears from the report filed by the engineers of the Corporation that a local inspection was conducted and it was found that C.I shed with iron, ply board are found at the property itself and it was revealed that the same are being replaced with same new materials. No new construction of R.C.C. work in the building has taken place in any manner. In view of such observation which revealed at the time of spot inspection there is no requirement of causing any demolition at the subject structure.

The writ petition and the connected application being GA/1/2024 is disposed of.

Owners and occupiers will be liable to act in accordance with the communication made by the Executive Engineer [Civil]/ Building/BoroughIV & V on 9th January, 2024. It will be open for the engineers of the Corporation to make frequent visits to ascertain as to whether the repairing is being made in accordance with law or not.

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