Calcutta High Court (Appellete Side)
Samar Kumar Das vs Kolkata Municipal Corporation & Ors on 28 February, 2025
Author: Kausik Chanda
Bench: Kausik Chanda
28.02.2025
S.L.1
Ct. No.15
S.A.
WPA 4604 of 2025
Samar Kumar Das
-vs-
Kolkata Municipal Corporation & Ors.
Mr. Arijit Dey
...for the petitioner
Mr. F. Haque
...for KMC
The petitioner claims ownership of a building
located at premises no. 34/2, Barwaritala Road, Ward
No. 34, Borough-III, Kolkata-700010, under the
jurisdiction of the Kolkata Municipal Corporation.
The petitioner expresses concern that the
construction is being demolished by the Corporation,
pursuant to an order dated December 30, 2024,
issued by the Municipal Commissioner of the Kolkata
Municipal Corporation. The petitioner contends that
he was not given an opportunity to be heard prior to
the issuance of the demolition order.
A cursory examination of the order dated
December 30, 2024, passed by the Commissioner
reveals the following statement regarding service of
notice:
"In spite of service of notice, the
Respondent did not appear in the said
hearing."
2However, the order does not clarify to whom the notice was served before the demolition order was passed.
In contrast, the learned advocate representing the Corporation submits that the demolition proceedings were initiated in compliance with an order dated October 8, 2024, passed in WPA 18077 of 2024 (Kamgar Iqbal vs. Kolkata Municipal Corporation). The advocate seeks time to verify whether the present writ petitioner was given prior notice before the demolition order dated December 30, 2024, was issued.
In light of the above, the Corporation is directed not to proceed further with the demolition for a period of three weeks from today's date.
This matter is scheduled to be listed on March 10, 2025, under the heading "To Be Mentioned," when the learned advocate for the Corporation shall provide the necessary information.
(Kausik Chanda, J.)