Sri Ram Awatar Periwal And Others v. Kolkata Municipal Corporation And Others

OD-8 ORDER SHEET WPO/1069/2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SRI RAM AWATAR PERIWAL AND OTHERS Vs KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date : 11th December, 2024.

Appearance:

Mr. Biswajit Mukherjee, Adv.

Mr. Hamidul Haque, Adv.

...for the petitioners Mr. Swapan Kumar Debnath, Adv.

...for KMC Mr. Dhiraj Trivedi, Sr. Adv.

Mr. Bikash Kr. Singh, Adv.

...for the respondent nos. 7 to 17 The Court: The petitioners assert ownership of a building located at premises no. 92A, Jamunalal Bajaj Street, Kolkata - 700 007. Mr. Biswajit Mukherjee, the learned advocate representing the petitioners, submits that the building is in a state of dilapidation, with several tenants residing therein. The petitioners have submitted a proposal to the Corporation for the demolition and subsequent reconstruction of the building. However, this request has not yet been considered by the Corporation.

Mr. Dhiraj Trivedi, the learned senior advocate representing some of the tenants, submits that his clients have already given their consent for the rebuilding.

In light of the foregoing, I find no justification for keeping this writ petition pending. Accordingly, I dispose of this writ petition with the direction that the Commissioner of Kolkata Municipal Corporation shall, either personally or through a delegate, consider the representation dated September 26, 2024, as referenced at page 105 of the writ petition, in accordance with the law. The entire process shall be completed within three months from the date of this order, after providing an opportunity for hearing to all concerned parties.

Thus, WPO No. 1069 of 2024 is disposed of.

(KAUSIK CHANDA, J.) kc