Vedant Dealtrade Pvt Ltd. And ANR v. Kolkata Municipal Corporation And ORS

OD-6 ORDER SHEET WPO/612/2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE VEDANT DEALTRADE PVT. LTD. AND ANR.

Vs KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date : 30th July, 2024.

Appearance:

Mr. Raghunath Chakraborty, Adv.

Mr. Nikhilesh Mittal, Adv.

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

Ms. Paroma Sengupta, Adv.

...for KMC The Court: It appears that the petitioners have made a prayer before the Kolkata Municipal Corporation to carry out some repair works at premises no.134, Mahatma Gandhi Road, Ward No.43, Borough-V, Kolkata. It is submitted by the petitioners that the relevant authority of the Corporation arbitrarily declined to grant any permission to carry out the repair work in terms of Rule 3(ii) of Kolkata Municipal Corporation Building Rules, 1990.

On behalf of the Corporation though it has been submitted that a demolition proceeding is pending in respect of the aforesaid premises. The

petitioners submit that the part of the premises for which the petitioners intend to carry out the repair work is beyond the scope of the demolition notice issued by the Corporation.

In view of the aforesaid backdrop, I direct the Director General (Building), Kolkata Municipal Corporation to consider the prayer as appearing at page 48 of the writ petition in accordance with law within a period of one month from the date of communication of this order. It is, however, made clear that this Court has not gone into the issue as to whether the part of the premises for which the work is sought to be carried out is outside the scope of the demolition proceeding or not. Accordingly, WPO/612/2024 is disposed of.

(KAUSIK CHANDA, J.) kc