Calcutta High Court
Ashok Jhunjhunwala & Ors vs Kolkata Municipal Corporation & Ors on 15 September, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
WP No. 283 of 2016
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
Ashok Jhunjhunwala & Ors.
Versus
Kolkata Municipal Corporation & Ors.
Before:
The Hon'ble Justice I. P. MUKERJI
Date: 15th September 2016
Appearance:
Mr. Abhrajit Mitra, Sr. Advocate
Mr. Jishnu Choudhury, Advocate
Mr. Arif Ali, Advocate
for the petitioner
Mr. Barin Banerjee, Advocate
Mr. Tapan Chandra, Advocate
for the KMC
Mr. Saptangshu Basu, Sr. Advocate
Mr. Swapan Banerjee, Advocate
Mr. Debajyoti Basu, Advocate
for private respondent nos. 8, 13, 15, 17 & 19
Mr. Debdut Mukherjee, Advocate for the State The Court: In principle this Court has accepted the following:
First, each of the families now in occupation of the subject premises has to be identified.
The subject building has to be demolished, the property developed and a new building/buildings with modern structure and facilities will be erected thereon in about three years time.
Second, the writ petitioners will find a suitable rented accommodation for each of the families to be displaced. The accommodation will be taken on rent by the writ petitioners. A displaced family will be living there as the agent of the writ petitioners. The tenancy will be taken by the writ petitioners on the condition that they cannot surrender it to the landlord without the leave of this Court and that they will punctually pay the rent.2
Alternatively the writ petitioners will create a fund which will be invested in an interest earning term deposit. The fund will be invested in the name of the advocate-on-record for the occupants. The fund will be of such an amount so that the interest earned therefrom will pay for the rent for the accommodations for the displaced families. The reasonable rent for each family will be fixed by agreement. It will be for each family to find their accommodation.
A portion of the building to be erected is to be identified. Here all these families will be accommodated after completion of the building. The total area in which these families will be accommodated may be much less than their actual area of occupancy now. But the area to be allocated is to be divided into units and distributed amongst the displaced families. It is also to be seen that a family does not get less than the minimum area required for habitation. The units will be allotted to the families as gifts.
Suitable agreements to the above effect will be entered into between the writ petitioners and the occupants. The agreement will inter alia contain a clause that the occupancy or completion certificate in respect of the building will not be granted by the Kolkata Municipal Corporation unless this Court certifies that the above agreements have been worked out amicably.
I direct the advocate-on-record for the parties to present to this Court the draft agreements with regard to the rehabilitation of the occupants, first as tenants and then as occupiers of the building to be constructed, by 4th October 2016.
List this application on 5th October 2016 as "For Orders" to ascertain the position.
All parties are to act on a signed photocopy of this order on the usual undertakings.
(I. P. MUKERJI, J.) R. Bose AR(CR) 3