Calcutta High Court (Appellete Side)
Girija Shankar Shaw & Ors vs Nilanjan Chatterjee on 24 November, 2017
Author: I.P. Mukerji
Bench: I.P. Mukerji
1
14 24.11.17
W.P 19783 (W) of 2016
Girija Shankar Shaw & Ors.
Vs.
Nilanjan Chatterjee
Mr. Nibedita Pal
Mr. A.G. Mukherjee
Ms. S. Ray .... For the Petitioners.
Mr. N.C. Behani
Ms. Papiya Banerjee ... For the H.M.C.
Mr. Swarup Banerjee ... For the Private Respondent.
Re: C.A.N. 7185 of 2017 It is submitted on behalf of the applicant that an appeal against the order of this Court dated 22nd September, 2016 is pending (M.A.T. 1930 of 2016) However there is no stay. C.A.N. 7185 is treated as on the day's list.
Adjournment is prayed for on behalf of Mr. Behani on his personal ground.
Learned counsel for the applicant submits that while executing the order dated 22nd September, 2016 passed by this Court building/structures which are not S.D. illegal and ought not to have been demolished are being demolished by the respondent Municipal Corporation.
The order dated 22nd September, 2016 2 specifically directed the Commissioner to conclude the demolition proceedings in accordance with law by a reasoned order.
I am told that the applicant had appeared before the Commissioner. It was for the applicant to point out to the Commissioner that the building/structures which were proposed to be demolished were not illegal and ought not to be demolished. Even after the demolition order was passed by the Commissioner on 17th May, 2017 the applicant could have challenged it substantively. It is not open to the applicant to come to this Court in a contempt proceeding where the inaction of the commissioner in carrying out the demolition order is involved, to run a case on the merits of the demolition proceedings.
In those circumstances, C.A.N. 7185 of 2017 is dismissed with liberty to the applicant to take appropriate substantive steps against the demolition order.
List this application on 8th December, 2017 when the alleged contemnor is directed to produce before this Court, through learned counsel a compliance report with regard to the order dated 22nd September, 2016 or a stay order from the superior Court. Otherwise the 3 contempt proceedings will take the own course.
In case the alleged contemnor has demitted office, the compliance report is to be given by his successor. Steps may be taken to bring the successor on record.
( I.P. Mukerji, J.)