Messers Divjot Realties Private Limited & ANR v. The Kolkata Municipal Corporation & ORS

OD-2 ORDER SHEET WPO/448/2017

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE MESSERS DIVJOT REALTIES PRIVATE LIMITED & ANR. VS THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE ANIRUDDHA ROY Date : 02ND SEPTEMBER, 2022.

Appearance :

Mr. R. N. Chakraborty, Adv.

For the petitioner Mr. Barin Banerjee, Adv.

Mr. F. Haque, Adv.

For KMC The Court : The writ petitioners have assailed the impugned interim order passed by Joint Municipal Commissioner (General) of the Kolkata Municipal Corporation, Annexure-P9 to the writ petition. Subsequently, the final order was passed dated August 17, 2017 under which the sanction plan was cancelled in exercise of power under Section 397 of the Kolkata Municipal Corporation Act, 1980. The said final order dated August 17, 2017 had been disclosed by the Kolkata Municipal Corporation as Annexure-R3 to its affidavitin-opposition affirmed on December 19, 2017. The law is well-settled that the interim order merges with the final order. Accordingly, there is no further scope for any adjudication in this writ petition as the final order had been passed on August 17, 2017 and resultantly, the impugned interim order which was challenged through this writ petition had lost its force and merged into the said final order. To challenge the said final order dated August 17, 2017, it requires to establish a fresh cause of action, beyond the scope of this writ petition.

In view of the above, this writ petition being WPO No.448 of 2017 stands disposed of without any order as to costs. However, the petitioners shall be at liberty to take steps to challenge the said final order August 17, 2017 being Annexure-R3 to the affidavit-inopposition filed by the KMC Authority in accordance with law, if the petitioners are entitled to do so in law.

(ANIRUDDHA ROY, J.) A.Dey