Calcutta High Court
Sanjoy Mullick & Anr vs The Kolkata Municipal Corporaton & Ors on 6 December, 2022
Author: Amrita Sinha
Bench: Amrita Sinha
OD-2 ORDER SHEET
WPO No.2753 of 2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SANJOY MULLICK & ANR.
VS
THE KOLKATA MUNICIPAL CORPORATON & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date: 6th December, 2022.
Appearance:
Mr. Rupak Ghosh, Adv.
Mr. Avijit Dey, Adv.
Ms. Bani Ghosh, Adv.
Mr. Biswaroop Mukherjee, Adv.
..for the Petitioners.
Mr. Gopal Chandra Das, Adv.
Mr. Debangshu Mondal, Adv.
..for KMC.
Mr. Nilofer Siddique Alam, Adv.
..for State.
Mr. Sumanta Biswas, Adv.
Mr. Bikash Shaw, Adv.
..for Respondent No.8.
The Court:-A report has been filed by way of affidavit by the Assistant Engineer (Civil), Building Department, Borough-II of the Kolkata Municipal Corporation.
The report mentions that the Corporation is ready to demolish the unauthorized constructions measuring about 42.5 sq. meter which is the projected portion over the covered Kolkata Municipal Corporation footpath on the second storey attached to the building standing at 80, Bidhan Sarani, Police Station-Shyampukur, Kolkata- 2 700 004 which is suffering an order of demolition as per the order of the Director General (Building) since 2007.
Notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 has been issued on 13th September, 2022. A previous notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 was issued in 2009.
Report mentions that there are four overhead water tanks of 5000 Liters each and the Corporation is not aware of the structural stability of the existing building.
It appears from the report that there are several illegalities committed in making construction thereon. The public footpath has been encroached upon by making projection.
Learned advocate representing the person responsible for making construction submits, upon instruction that, the private respondent purchased the said property on 'as is where is basis' and accordingly, they ought not to be made liable for the alleged construction. Prayer has been made for filing an exception to the report.
The private respondent, though may not be directly responsible for making the aforesaid unauthorized construction, but the said respondent cannot be permitted to enjoy any unauthorized construction that has been made.
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The order of demolition was passed way back in the year 2007. The same ought to have been executed long ago. The Court has not been made aware of any reason for not executing the order of demolition. It is high time that the Corporation executes the order of demolition immediately.
The Kolkata Municipal Corporation is directed to effect demolition of the unauthorized construction of 42.5 sq. mtr. positively within a period of four weeks.
The matter is made returnable on 11th January, 2023 to ensure compliance of the order of demolition.
A report be placed before this Court by the Corporation as to whether the aforesaid unauthorized portion has been demolished or not.
It will be open for the private respondent to agitate any private dispute between the purchaser and the seller regarding sale of unauthorized portions before the appropriate forum, if so advised.
The same will certainly not stand in the way of execution of the order of demolition.
The Officer-in-Charge of the Shyampukur Police Station is directed to keep strict vigil over the property so that no construction in any manner whatsoever is being carried on at the subject premises and the said Officer-in-Charge is directed to render all necessary assistance to the men and agents of the Kolkata Municipal 4 Corporation at the time of execution of the order of demolition, if sought for.
Supplementary affidavit filed in Court today is taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities.
(AMRITA SINHA, J.) nm