Asma Khatoon & ANR v. The Kolkata Municipal Corpoporation & ORS

OD-7 ORDER SHEET CC/102/2016

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Contempt) Original Side ASMA KHATOON & ANR.

VERSUS

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE ANIRUDDHA ROY Date : June 17, 2022.

Appearance:

Mr. Barin Banerjee, Adv.

Mr. Dilip Chatterjee, Adv.

..for contemnor no.4 Mr. Nayan Chand Behani, Adv.

Mr. Ratul Das, Adv.

Mr. Paritosh Sinha, Adv.

..for contemnor no.5 The Court: The petitioners are not represented nor any accommodation has been sought for.

Mr. Barin Banerjee, learned counsel with Mr. Dilip Kumar Chatterjee, learned advocate appear for the alleged fourth contemnor. Mr. Nayan Chand Behani, learned counsel appears for the alleged fifth contemnor.

A supplementary affidavit was affirmed by the fourth contemnor pursuant to the direction of this Court dated November 29, 2016 on February

13, 2017. Another supplementary affidavit affirmed on May 15, 2017 was filed by the alleged fourth contemnor. A report was filed by the Executive Engineer (Civil), Building Department of the Kolkata Municipal Corporation dated January 18, 2018.

From perusal of the said documents, it appears to this Court that pursuant to the direction dated July 19, 2016 necessary hearing was afforded to the parties concerned and an order was passed for demolition. It is submitted on behalf of the contemnors that the said order of demolition had been carried into an appeal before the jurisdictional Municipal Building Tribunal and the fate of it is not known to the appearing alleged contemnors. Upon reading the said order dated July 19, 2016, in the light of the facts stated above, it appears to this Court, that nothing further remains to be proceeded with in this contempt application.

By order dated March 7, 2017, Rule was issued against the sixth and seventh respondents, alleged contemnors.

In view of the above, the contempt application being CC/102/2016 in connection with WP/685/2016 stands dropped and is accordingly disposed of. Rule issued stands discharged.

(ANIRUDDHA ROY, J.) bp.