Calcutta High Court
Anr vs The Kolkta Municipal on 3 May, 2010
Author: Girish Chandra Gupta
Bench: Girish Chandra Gupta
ORDER SHEET T.No.5 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DIVINE NURSHING HOME PVT. LTD. & ANR.
-Versus-
THE KOLKTA MUNICIPAL CORPORATION & ORS. Before:
The Hon'ble Justice GIRISH CHANDRA GUPTA Date: May 3, 2010.
Appearance:
Mr. Arindam Banerjee, Adv.
...for the petitioner.
Mr. L.C. Biyani, Sr. Adv.
...for the KMC.
The Court: The subject matter of challenge in this writ petition is a communication dated 16th April, 2010. The only grievance raised before this Court by the writ petitioner on the earlier occasion was that the speaking order passed by the Director General (Building) II was not disclosed to the writ petitioner. Accordingly an order dated 22nd April, 2010 was passed directing the Corporation authorities to furnish a copy of the speaking order. That direction has duly been complied with. A copy has also been given to Court which is kept on record. From the copy of the order 2 it appears that the speaking order passed by the Director General-II on 26th February, 2010 was as follows:
"A FOUR STORIED BUILDING HAS BEEN ERECTED AT THE CAPTIONED PREMISES IN DEVIATION FROM THE BUILDING PERMIT NO.2009030039 DATED 17/07/2009. THE P.R. SHALL DEMOLISH THE PORTION OF THE BUILDING CONSTRUCTED ENCROACHING THE SANCTIONED MANDATORY REAR OPEN SPACE. THE P.R. SHALL ALSO ERECT THE STAIRCASE LEADING FROM THE GROUND FLOOR TO THE ROOF IN THE SANCTIONED POSITION."
Mr. Banerjee, learned Advocate appearing for the petitioner submitted that this cannot be a speaking order. I am unable to accept this submission. This, according to me, is, in fact a speaking order. The person responsible was directed to demolish because the building was erected in deviation from the building permit No.2009030039 dated 17th July, 2009. The reason for demolition has clearly been indicated. Therefore, this amounts to a reasoned order as also a speaking order.
This writ petition is, therefore, dismissed. There shall, however, be no order as to costs.
Urgent certified photostat copy of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.
(Girish Chandra Gupta, J.) A/s.