Sunil Agarwal And ANR v. Municipal Commissioner, Kolkata Municipal Corporation And ORS

OD-1 WPO/1652/2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SUNIL AGARWAL AND ANR VS MUNICIPAL COMMISSIONER, KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 4th January, 2024.

Appearance:

Mr. Abhijit Ray, Adv.

Mr. Santu Nandy, Adv.

Md. Ayan, Adv.

...for petitioners.

Mr. Gopal Chandra Das, Adv.

Mr. Dwijadas Chakraborty, Adv.

. . .for the K.M.C.

Mr. Yash Vardhan Deora, Adv.

...for State Respondent.

The Court:- A compliance report signed by the Executive Engineer [Civil], SWM-1, Borough-V/CME[C], Kolkata Municipal Corporation on 03.01.2024 has been placed before this Court.

It appears therefrom that in compliance of the direction passed by the Court, four hawkers in the footpath in front the premises no. 152, Rabindra Sarani, Ward 41, Borough - V have been shifted temporarily with the help of Posta Police Station. In view of the shifting of the hawkers in front of the aforesaid premises there is no impediment on the part of the petitioners at present to comply with the direction passed in the order issued under Section 412[A] of the Kolkata Municipal Corporation Act, 1980 by the Deputy Chief Engineer [Civil]/Building/North. Petitioners are directed to take steps in terms of the order under Section 412[A] of the Act.

Officer-in-Charge, Posta Police Station and Officer-in-Charge, Jorasanko Police Station both are directed to keep strict vigil to ensure that the footpath in front of the

subject premises is not encumbered by the hawkers and the petitioners may take steps for demolition and reconstruction at the subject premises. Writ petition stands disposed of.

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.