Calcutta High Court
Ashok Jhunjhunwala & Ors vs Kolkata Municipal Corporation & Ors on 27 April, 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 : 27th April, 2016.
Appearance:
Mr. Abhrajit Mitra, Sr. Advocate
Mr. J.Chowdhury, Advocate
Mr. A.Ali, Advocate
Mr. S.Ghosh, Advocate
Mr. B.N.Joshi, Advocate
Mr. D.Basu, Advocate
Mr. S.Banerjee, Advocate
Mr. B.Banerjee, Advocate
Mr. M.L.Sarkar, Advocate
Mr. T.Kr. Chanda, Advocate
The Court: Mr. Basu, learned Advocate for some of the private
respondents, takes the point of maintainability. He says that by the order
dated 11th April, 2016 this Court had directed the Kolkata Municipal Corporation to provide the necessary details with regard to the impugned notice. On 19th April, 2016, a fresh notice under Section 411(1) of the Kolkata Municipal Corporation Act 1980 has been issued. It is taken on record. Therefore, the impugned notice has been superseded. The cause of action of the writ is extinguished.
I am unable to accept this argument. By the said order dated 11th April 2016 the respondent Corporation was asked to give particulars. They were not asked to issue any fresh notice. If they have issued a fresh notice, it has to be taken as a supplement to the original notice providing the 2 details. Now both the writ petitioners and the Kolkata Municipal Corporation want this alleged second notice to be revisited by a senior officials of the Corporation. Mr. Mitra, learned Senior Advocate for the petitioners, expresses doubt with regard to the impartiality with which this notice has been issued.
By this document issued by an Executive Engineer (C) Building, the occupiers have been directed to repair and secure a substantial part of the building. Only a stair-case is to be demolished. According to the writ petitioners, at an earlier point of time the Kolkata Municipal Corporation had declared the entire building as dangerous and worthy of being demolished.
In those circumstances, I direct the Commissioner, Kolkata Municipal Corporation, to inspect the building himself or by his nominee who must be a very senior officer and to file a report in this Court by 11th May, 2016 confirming or disapproving the contents of the said document dated 19th April, 2016. Inspection should be carried out in the presence of all the appearing parties. List this application in the same position on 16th May, 2016.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I.P.MUKERJI, J.) G/