Calcutta High Court
Ashok Jhunjhunwala & Ors vs Kolkata Municipal Corporation & Ors on 5 April, 2016
Author: I.P.Mukerji
Bench: I. P. Mukerji
1
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 : 5th April, 2016.
Appearance:
Mr. S.Ghosh, Advocate
Mr. Barin Banerjee, Advocate
Mr. M.L.Sarkar, Advocate
Mr. T.K.Chanda, Advocate
Mr. D.Basu, Advocate
Mr. S.Banerjee, Advocate
The Court: It is alleged by the learned counsel for some of the private
respondents that respondent No.7 is dead.
No one represents the legal heirs and representatives of the respondent No.7.
Learned counsel for the petitioners submits that the building has become dangerous. An order has been passed by the Kolkata Municipal Corporation under Sections 411(1) and 411(2) of the Kolkata Municipal Corporation Act 1980 directing the petitioners to evacuate the private respondents in another accommodation or accommodations. The private respondents have refused to move out of the building.
In those circumstances, the Advocate on record for the petitioners is to take steps with regard to substitution, if required. 2
I make it very clear that from now onwards the petitioners will not be responsible for the safety of the private respondents who choose to remain in the premises.
List this application once again on 11th 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.) G/