Calcutta High Court
Ashok Jhunjhunwala & Ors vs Kolkata Municipal Corporation & Ors on 11 April, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
WP 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 : 11th April, 2016.
Mr. A. Mitra, senior advocate, Mr. J. Chowdhury, Mr. A. Ali, Mr. S. Ghosh...appear.
Mr. D. Basu...appears.
Mr. D. Mukherjee...appears.
Mr. B.Banerjee, Mr. T.K. Chandra...appear.
The Court : After hearing learned counsel for the parties, at this stage, I direct the Kolkata Municipal Corporation to issue a fresh notice under section 411[1] of the Kolkata Municipal Corporation Act, 1980 specifying with exactitude the portion of the building required to be demolished, the portion which admits of repair etc. with all necessary details. This notice has to be issued within seven days from date. Such notice is to be served upon all the occupiers and pasted on the wall and/or pasted on the outer door of the premises.
Today, learned counsel for the petitioners, on instruction, has shown an intention on the part of their clients to relocate the occupants. But it appears from the submission of Mr. Basu, learned advocate representing a substantial number of them that the occupants at least at this stage are resisting relocation. In that view of the matter, they will occupy the premises for the time being at their risk and peril.
List this application once again on 21st April, 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.) Pkd. A.R.[C.R.]