Calcutta High CourtWPO/996/2016disposed

74 & 75, Burtolla Tenants Association & ORS. v. The Kolkata Municipal Corporation And ORS.

2025-07-15Hon'Ble Justice Shampa Dutt (Paul)2 pages

OD-1 IA No.GA/10/2025 WPO/996/2016

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE 74 & 75, BURTOLLA TENANTS ASSOCIATION & ORS.

-VERSUSTHE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA DUTT (PAUL) Date : 15th July, 2025.

Appearance:

Ms. Manju Agarwal, Sr. Adv.

.... for the petitioner.

Mr. Alak Kumar Ghosh, Adv.

Mr. Swapan Kumar Debnath, Adv.

...for the KMC.

Mr. Nirmalya Dasgupta, Adv.

Mr. Rajesh Upadhyay, Adv.

...for the respondent nos.6 & 7.

The Court: Learned senior counsel for the writ petitioner submits that, the name of one of the tenants, Mr. Pawan Kumar Poddar, is not in the list of tenants which has been submitted by the landlord along with his application (GA/10/2025) wherein it is stated that a settlement has been entered into by way of agreement.

Learned counsel appearing for the applicant has placed a copy of an agreement dated 16th February, 2019 which has been entered into with said Mr.

Pawan Kumar Poddar and, as such, he is part of the settlement which has been entered into between the tenants and the landlord. The petitioner has further submitted that necessary steps for sanctioning the plan of the premises be first processed and then steps for vacating the premises be initiated. The landlord/applicant has no objection to such conditions. Accordingly, the applicant in GA/10/2025 is granted liberty to approach the appropriate authority of Kolkata Municipal Corporation and take necessary steps for getting the plan sanctioned in accordance with the provisions of Kolkata Municipal Corporation Act, 1980.

The appropriate authority of the Kolkata Municipal Corporation shall consider the application along with the plan for sanction and decide the same as expeditiously as possible, preferably within five months from the date of communication of this order.

WPO/996/2016 along with connected application (IA No.GA/10/2025) are disposed of.

(SHAMPA DUTT (PAUL), J.) A.Sadhukhan