Rameswara Mansion Apartment Owners Association v. The Kolkata Municipal Municipal Corporation And ORS.

OD-9 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/1176/2024 RAMESWARA MANSION APARTMENT OWNERS ASSOCIATION

Versus

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date : 19th March, 2025.

Appearance Mr. Mainak Bose, Sr. Adv.

Mr. Deepan Kumar Sarkar, Adv.

Mr. Pushan Kar, Adv.

Mr. Sagnik Majumdar, Adv.

Ms. Sreya Ghosh Dastidar, Adv.

...for the petitioner Mr. Vimal Shahi, Adv.

Mr. Swapan Kr. Debnath, Adv.

..for KMC Mr. S.G. Dostidar, Adv.

Ms. M. Sharma, Adv.

Ms. T. Banerjee, Adv.

Ms. T. Sil, Adv.

...for respondent no.6, 7 Mr. Debnath Ganguly, Adv.

Mr. Aranya Saha, Adv.

...for respondent no.8 The Court: The petitioner challenges an order dated August 28, 2024, passed by the Special Officer (Building) concerning Premises No. 10/4A, Lala Lajpat Rai Sarani, Ward No. 70, Borough No. VIII. It is alleged that Respondent Nos. 6 and 7 have carried out unauthorized construction on the roof of the building.

Respondent No. 7 asserts that he has already filed an appeal before the Municipal Building Tribunal, which has been registered as BT Appeal No. 08/2025.

In light of this, I am not inclined to keep this writ petition pending. I grant the petitioner the liberty to either file an appeal against the order dated August 28, 2024, or to submit an application for the addition of a party in the ongoing appeal.

It is unnecessary to mention that the petitioner is at liberty to seek an appropriate order from the Tribunal regarding the manner of repair of the relevant building. Should such an application be filed, the Tribunal shall endeavour to decide the matter as expeditiously as possible WPO/1176/2024 is disposed of.

(KAUSIK CHANDA, J.) kc/R.Bhar