2 J L Nehru Road Tenant Welfare Association And ORS v. Kolkata Municipal Corporation And ORS

OD-2 WPO/999/2023 IA NO: GA/1/2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE 2, J. L. NEHRU ROAD TENANT WELFARE ASSOCIATION AND ANR VS KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 13th December, 2023.

Appearance:

Ms. Noelle Banerjee, Adv.

Mr. Yash Deora, Adv.

. . .for the petitioners.

Mr. Rohit Das, Adv.

Ms. Kishwar Rahman, Adv.

Ms. Divyajyoti Tekriwal, Adv.

. . .for the decree holder.

Mr. Alak Kumar Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

. . .for the K.M.C.

The Court: Notice issued by the Kolkata Municipal Corporation directing the ocupiers of the building at 2, Jawahar Lal Nehru Road, Ward 46, Borough - VI of the Kolkata Municipal Corporation is under challenge in the instant writ petition.

It has been brought to the notice of the Court that the Hon'ble Supreme Court in a Special Leave Petition passed order on 10th October,

2022 directing the parties to maintain status quo as on date until further orders.

In view of the order of status quo passed by the Hon'ble Supreme Court, none of the parties will be in a position to make the repairs as directed by the Corporation.

Learned advocate representing the Corporation submits that after getting knowledge of the aforesaid order of the Supreme Court, the Corporation has withdrawn the notice for repair. The same has been communicated to the parties. Let the notice of the Corporation be retained with the records.

It will be open for the parties to approach the Hon'ble Supreme Court for necessary orders.

The writ petition along with the connected application stand 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.) sp/