Calcutta High Court
People United For Better Living In ... vs Kolkata Municipal Corporation & Ors on 13 December, 2019
Author: Arijit Banerjee
Bench: Arijit Banerjee
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WP 232 of 2019
PEOPLE UNITED FOR BETTER LIVING IN CALCUTTA (PUBLIC) & ANR.
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble CHIEF JUSTICE THOTTATHIL B. RADHAKRISHNAN
And The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th December, 2019.
Mr. Pradeep Kakkar...in person Mr. Alok Kr. Ghosh, Adv.
Mr.Gopal Chandra Das, Adv.
..for KMC Mr. Amitesh Banerjee, Sr. Standing Counsel Mr. T.M. Siddiqui, Adv.
Mr. Nilotpal Chatterjee, Adv.
..for State The Court : We have before us a report in the form of affidavit sworn to by Sri Santanu Roy, the Deputy Chief Engineer (Civil), Park and Square Department of the Kolkata Municipal Corporation. That report in the form of affidavit affirmed on 12th December, 2019 contains certain actions which have been taken.
2We are dealing with a matter of critical importance concerning the appropriate management of the streets and pedestrians walkways within the limits of the Kolkata Municipal Corporation. We are clear in our mind that the law of this land is so structured that executive administration of the streets and public roads, which are vested in a Local Self Government Institution (LSGI), has to be completely under the control of the Commissioner of the Corporation and such power of control, management, maintenance including requisite police power in terms of the statutory provisions will have to be exercised as and when called for, from time to time, by the statutory authorities and the executive authorities involved in the governance of the Corporation. That being so, the Commissioner of the Kolkata Municipal Corporation, as the administrative head of that institution, has to satisfy us through an action taken report which shall be placed after requisite audit at his end recording performance as regards removal of structures which have been directed to be demolished. We are clear in our mind that while the citizens may aid the Corporation in the process of pointing out unauthorized structures which are to be removed, the Corporation cannot shoulder the citizen with the responsibility to identify the structures which are to be removed. The Corporation is not one which is to execute action on a defect being pointed out by the citizen. The well-being of the citizens in a social welfare state should underscore every executive action as well as quasi-judicial and administrative action. This is how the laudable objects should be achieved through implementation of 3 the constitutional provisions and proper governance of LSGIs ensuring that every citizen gets his due. The right of the pedestrians to utilize passages and walkways meant for pedestrians is a crucial right referable to the fundamental right to freedom of movement and also amounting to part of right to life in Article 21 of the Constitution.
We, therefore, direct the Commissioner of Kolkata Municipal Corporation to ensure due and requisite supervision of the entire work in furtherance of the earlier orders. Such work and performance be audited at the end of the Commissioner, and such an audited action taken report be placed before this Court without fail on the next date of hearing.
It shall also be ensured that those structures which are required to be removed, as is stated in paragraph 9 of the report in the form of affidavit which is before us today, shall also be removed unless the Commissioner draws up reasons and records them as to how any particular structure cannot or should not be removed.
Post on 31st January, 2020.
(THOTTATHIL B. RADHAKRISHNAN, CJ.) (ARIJIT BANERJEE, J.) sm