Calcutta High Court
Rathindra Kumar Mitra And Anr vs The Kolkata Municipal Corporation And ... on 12 November, 2024
Author: Kausik Chanda
Bench: Kausik Chanda
OD 12
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO 534/2024
IA GA/1/2024
RATHINDRA KUMAR MITRA AND ANR.
VERSUS
THE KOLKATA MUNICIPAL CORPORATION AND ORS.
BEFORE:
The Hon'ble JUSTICE KAUSIK CHANDA
Date: 12th November, 2024.
APPEARANCE:
Mr. Raghunath Chakraborty,Adv.
Mr. Supratick Syamal,Adv.
Ms. Sonali Sengupta,Adv.
Ms. Somosreedebi Dutta,Adv.
...for the petitioner.
Mr. R.N.Majumder,Adv.
Mr. S,M.Obaidullah,Adv.
...for IIT.
Mr. Alak Kr. Ghosh,Adv.
Mr. Swapan Kr. Debnath,Adv.
...for K.M.C. The Court:- The petitioners have challenged a notice issued under Section 411(2) of the Kolkata Municipal Corporation Act, 1980 dated May 16, 2024 in respect of a five-storeyied building at 56, James Long Sarani, Kolkata- 700104.
According to the Corporation, the relevant building has dangerously tilted to one side posing a potential risk of casualties to its occupants and others in the locality.2
By an Order dated June 6, 2024, a Co-Ordinate Bench of this Court passed the following order:
In view of the above, this Court is of the view that the Corporation authority shall file a report in the form of affidavit disclosing the actual state of affairs with regard to the stability and condition of the subject building and such report shall be filed on or before June 13, 2024, considering the urgency in the matter.
However, it is made clear that the residents, occupiers and/or inmates of the building for their security and safety may remove themselves from the subject building and make the subject building free from any occupation, without prejudice to their rights and contentions in this writ petition.
The head of the Structural/Civil Engineering Department of IIT, Kharagpur is also requested to make an inspection of the subject building and to file a report in a sealed cover in respect of the stability and structural situation of the subject building with remedial measures, if any, possible. Such report shall be filed within ten days from the date of communication of this order. The remuneration for this purpose is fixed at Rs. 1 lakh to be paid by the petitioners equally to the said Head of the Department of the concerned department who shall cause the inspection and file the report.
In terms of the aforesaid order dated November 5, 2024, the Indian Institute of Technology (IIT), Kharagpur has filed a report before this Court. 3
The experts from IIT, Kharagpur have made the following recommendations:
"1. Tilted buildings of similar nature as that of the subject structure are found in functional conditions at several locations within the Kolkata metropolitan area. General absence of visible signature of distress of the subject structure therefore indicates that likelihood of immediate structural instability is low.
2. Since the compressible soft layer underneath the subject structure extends to great depth and contains hardy any permeable layers, differential settlements and structural tilt may not have developed readily despite its becoming noticeable as early as in 2010. It is also possible that settlement has developed episodically rather than continuously depending on property and infrastructure developments in the vicinity. It would therefore be prudent to keep the development of deformations and tilt under continuous monitoring. Toward this it is suggested that heavy plumb bobs could be suspended from projected brackets fixed from near the top of the exterior corner columns of the subject structure with strong, straight, flexible and corrosion-resistant cables. The end-
tip of the bobs might be suspended over correctly aligned pedestals set on the ground just beneath them, but barely touching the pedestals. Such an arrangement, or a similar setup, monitored on a monthly basis obtained over at least a 24-months period is likely to generate substantial data for possible assessment of the service life of the subject structure. 4
3. Structual distress, such as appearance of cracks - particularly at the joints of beams and columns or diagonal cracks on in-fill brick panel/walls would require revisiting the problem and a reassessment of the building's structural integrity and stability.
In addition to the above, the following submission is also placed for consideration please:
The tilt-monitoring system for the Megha Apartments, if installed, may be done by employing a reliable surveying contractor. The monitoring of the inclination at a few points of the outer walls of the building may be done by a joint inspection team of the KMC and the residents. Although IIT Kharagpur can provide intermittent technical advice, if needed, the members of this team do not have the resources to be directly involved with the monitoring activities over and above their regular duties."
It has been submitted by the learned Advocate appearing for the petitioners that the residents of the building are willing to bear the necessary expenses to implement the recommendations of the experts from IIT, Kharagpur.
Mr. Alak Kr. Ghosh, learned Counsel appearing for the Corporation, however, submits that the Corporation is not in a position to monitor the tilting of the building as recommended by the IIT, due to lack of infrastructure and man power.5
In view of the stand of the respective parties, I do not find any justification to keep this writ petition pending.
Accordingly, I dispose of this writ petition with a direction upon the petitioners to take immediate steps to implement the recommendation of the experts of IIT, Kharagpur at their own cost.
After due implementation of the recommendations, the petitioners shall inform the Kolkata Municipal Corporation accordingly. Let such exercise be completed within a period of three months from date. The petitioners shall also introduce the continuous monitoring system as suggested by the IIT experts.
It is also expected that if any technical support is required to implement the recommendations of IIT, Kharagpur, the petitioners will be at liberty to approach both the IIT, Kharagpur as well as Kolkata Municipal Corporation.
Needless to mention, in case of any emergent situation, the Kolkata Municipal Corporation will be free to take necessary steps in accordance with law.
In view of the aforesaid order, the notices dated May 3, 2024 and May 6, 2024 issued by the Corporation are set aside. Accordingly, WPO No.534 of 2024 along with IA GA No. 1 of 2024 stands disposed of.
(KAUSIK CHANDA, J.) S.akhtar/s.chandra