Calcutta High Court (Appellete Side)
In Re: Pritpal Singh vs The Kolkata Municipal Corporation & Ors on 30 May, 2019
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
1
30.05.2019
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Item No 02 Court No.38 A.M./S.N. SB W.P. No. 9611 (W) of 2019 In re: Pritpal Singh
-Versus-
The Kolkata Municipal Corporation & Ors.
Mr. Rupak Ghosh, Mr. Ayan Kumar Boral For the Petitioner Mr. Alok Kumar Ghosh, Mr. Swapan Kumar Debnath For the K.M.C. This is an application made assailing an order dated 16th January, 2019 passed by the learned Chairman, Municipal Building Tribunal in B.T. Appeal No.67 of 1996.
Mr. Rupak Ghosh, counsel on behalf of the petitioner submits that the order passed by the learned Tribunal is in gross violation of the order passed by a Co-ordinate Bench of this High Court dated July 13, 2011 in W.P. 586 of 2011. He submits that the issue of the factum of construction of the sixth floor has not been considered at all in the order passed by the learned Tribunal. He further submits that the Tribunal should have carried out an inspection as directed by the Co-ordinate Bench of the High Court.
Per contra, Mr. Alok Kumar Ghosh, counsel on behalf of the Kolkata Municipal Corporation submits that till date no notice of demolition has been issued for execution of the order and, therefore, this petition that is being moved before the Vacation Bench has been moved without any real urgency being there. He further submits that the order dated 7th August, 1995 passed by the Special Officer (Building) has not been annexed to the petition. He further submits that as this order is under challenge before the learned Tribunal, the same should be annexed to the petition. 2
I have heard counsels appearing on behalf of both the parties and considered the materials on record.
I am of the view that the petitioner should file a supplementary affidavit annexing the order dated 7th August, 1995.
Let this matter appear before the regular bench upon reopening. In the meantime, as fairly submitted by Mr. Alok Ghosh that since no notice has been issued for demolition, the Corporation shall stay its hands in issuing any notices for demolition till the end of June 30, 2019 or until further orders, whichever is earlier.
All parties are to act on the basis of the server copy of this order.
(Shekhar B. Saraf, J.)