Priority Dealers Private Limited And Another v. The Kolkata Municipal Corporation And Others

OD-3 ORDER SHEET WPO No.1526 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE PRIORITY DEALERS PRIVATE LIMITED & ANR.

-Versus- THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:31st August, 2023.

Appearance:

Mr. Achintya Banerjee, Adv.

Mr. Dwaipyan Basu Mullick, Adv.

Ms. Shreya Choudhary, Adv.

...for the Petitioners.

Mr. Srijan Nayek, Adv.

Ms. Swapan Kr. Debnath, Adv.

...for KMC.

Mr. Samarjit Balial, Adv.

...for Respondent No.7.

The Court:-The petitioners claim to be tenants in the premises no.7, Uttar Panchanna Gram, in Ward No.108, Borough-XII of the Kolkata Municipal Corporation. The petitioners allege that the direction passed by the Court on 01.12.2021 in WPO No. 976 of 2021 has not been complied with by the Corporation.

Learned advocate representing the Kolkata Municipal Corporation has produced a report signed by the Executive Engineer (Civil)/ Building/Borough-XII wherein it has been mentioned that as per order of the Hon'ble Court, joint inspection has been made in presence of both the parties. Hearing was conducted in presence of both the parties before the Special Officer (Building) and final order has been passed for partial demolition of the unauthorized structure on 6th May, 2023. The order has been served upon the person responsible for compliance. From the submissions made on behalf of the parties and upon perusal of the instruction forwarded by the engineers of the Corporation, it appears that the order passed by this Court has duly been complied with.

The Executive Engineer of the Corporation is directed to take steps for implementation of the order of demolition as passed by the Special Officer (Building) provided the same is not set aside/modified/recalled by any Court of competent jurisdiction.

Writ petition stands disposed of.

Instruction provided by the engineers of the Corporation be retained with the records.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm