Pradip Bose And ORS v. The Kolkata Municipal Corporation And ORS

OD-2 ORDER SHEET WPO No. 858 of 2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SRI PRADIP BOSE & ORS.

Versus

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 23rd September, 2021.

Appearance :

Mr. S. Bhattacharya, Adv.

Mr. Pran Gopal Das, Adv.

For the petitioners.

Mr. Srijan Nayak, Adv.

Mr. Subhrangsu Panda, Adv.

For K.M.C.

The Court :- As the order impugned before this Court is an appealable order, the petitioners are granted liberty to prefer an appeal against the order of demolition issued by the Executive Engineer [C], Building Department, in accordance with law.

The petitioners shall also be entitled to pray for interim orders if grounds exist, which shall be considered in accordance with law by the Tribunal.

The Kolkata Municipal Corporation shall not take any steps with regard to the alleged demolition for a period of three weeks from date. Thereafter, the Corporation shall act and proceed on the basis of the

order passed by the appellate forum. This Court has not entered into the merits of the claims of the parties.

In view of paucity of time, the petitioners are granted liberty to approach the Appellate Tribunal by filing the photocopy of the order impugned, with an undertaking that the certified copy of the order impugned will be produced when the same is supplied by the Corporation.

The writ petition is, thus, disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (SHAMPA SARKAR, J.) snn.