Calcutta High Court (Appellete Side)
Sri Dipak Kumar Mukherjee vs 28.06.18 The Kolkata Municipal ... on 28 June, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
W.P. No.13815 (W) of 2010
Sri Dipak Kumar Mukherjee
v.
28.06.18 The Kolkata Municipal Corporation & Ors.
SL-37
Ct-13 Mr. Tapan Coomaar Dey
(S.R.) Ms. Saswati Adhikary ... for the petitioner.
Mr. Srijib Chakraborty
Mr. Kushal Chatterjee ... for the private respondent.
Mr. Biswajit Mukherjee Ms. Sima Chakraborty ... for KMC.
The writ petition is taken up for consideration pursuant to the order dated October 8, 2012 passed by the Supreme Court in Civil Appeal No.7356 of 2012.
Subsequent to such order of the Supreme Court, diverse orders were passed in the present writ petition. The last of the order is dated June 18, 2018.
Learned advocate appearing for the private respondent no.8 submits a writing dated June 26, 2018 issued by the State Legal Services Authority, West Bengal to the effect that the costs of Rs.25,00,000/- (twenty-five lakhs only) has since been paid by the petitioner.
The writ petitioner and the Corporation authorities are represented.
For the purpose of convenience, the directions of the order dated October 8, 2012 contained in paragraph 28 thereof are extracted below: -
"28. In the result, the appeal is allowed and the impugned judgment is set aside. With a view to ensure that the illegal construction raised by respondent No.7 is pulled down without delay, we issue the following directions:
1. Within three months from today, respondent No.7 shall pay the price of the flats etc. to the purchasers with interest @18% per annum from the date of 2 payment.
1. The occupiers of illegal/unauthorized construction shall vacate such portions of the building within next one month.
1. Within next one month, the Corporation shall demolish unauthorized construction after taking adequate precautionary measures.
1. Respondent no.7 shall pay of Rss.25,00,000/- for brazen violation of the sanctioned plan and continuance of illegal construction despite 'stop work notice'. The amount of cost shall be deposited with the Kolkata State Legal Service Authority within three months and the same be utilized for providing legal aid in deserving cases."
The direction contained serial no.4 of paragraph 28 for the payment of Rs.25,00,000/- (twenty-five lakhs only) as costs has since been complied with.
The first three directions of paragraph 28 remains outstanding.
Learned advocate for the private respondent no.8 submits that, repeated attempts to inform the occupants of the building have not fructified.
None appears for such persons in Court. Affidavit of service filed today be taken on record.
In view of the first three directions contained in paragraph 28 remaining outstanding and in view of the directions contained in paragraph 29 of the order dated October 8, 2012 requiring the learned single Judge to initiate proceedings and pass appropriate orders, it would be appropriate to direct the Corporation authorities to issue a notice upon the occupants of the portion of the premises concerned, earmarked to be demolished, in terms of such order, informing such occupants of the date on which the demolition would be carried out. 3
These directions are passed in view of the fact that, the occupants of the building, despite being invited, are not before the Court to accept the price of the flats along with interest, as directed in paragraph 28 of the writ petition.
Learned advocate for the petitioner submits that, the private respondent no.8 has alternative accommodation where the occupants can be shifted.
The private respondent no.8 will submit, by way of an affidavit, the alternative accommodation available for the purpose of such shifting.
List the writ petition on July 10, 2018 under the same heading for further consideration..
Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)