Calcutta High Court (Appellete Side)
Guddi Devi Sharma & Ors vs Kolkata Municipal Corporation & Ors on 22 December, 2016
1
22.12.2016
(22)
DC.
W.P. 15893 (W) of 2016
Guddi Devi Sharma & Ors.
Vs
Kolkata Municipal Corporation & Ors.
Mr. Abhrajit Mitra
Mr. Dwip Raj Basu
.. for petitioners
Mr. Ranajit Chatterjee
Mr. Gopal Ch. Das.. for KMC
This writ application is formally admitted subject to the question of
constructive res judica raised by Mr. Chatterjee.
If after determination of the maintainability point, the Court is asked to
determine whether the subject property is "bustee or not", some corroboration of
the finding of the respondent-Corporation that the said property is bustee may be
required for the assistance of the Court.
At the present point of time, I appoint Mr. Kalyan Chakraborty, Advocate, Bar Association and Mr. Sanjeeb Seni, Advocate, Bar Association Room No, 16 as Joint Special Officers at an initial remuneration of 600 GMs. each to be paid by the petitioners to visit the site upon notice to and in the presence of the parties including a responsible officer of the Corporation and file a short report with necessary reasons and details in this Court by 17th January, 2017 as to whether the subject property is a bustee or not within the meaning of Section 2(8) and 2(45) of the Kolkata Municipal Corporation Act, 1980.
List this application on 17th January, 2017.
2(I.P.Mukerji-J.)