Calcutta High Court
Sk. Jahir & Ors vs Sri Sovan Chatterjee & Ors on 24 August, 2018
Author: I. P. Mukerji
Bench: I. P. Mukerji
OD-2
ORDER SHEET
CC No.39 of 2018
With
WP No.142 of 2014
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction (Contempt)
ORIGINAL SIDE
SK. JAHIR & ORS
Versus
SRI SOVAN CHATTERJEE & ORS.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 24th August, 2018.
Appearance:
Mr. Srijib Chakraborty, Adv.
Mr. R.N. Barik, Adv.
Mr. Alak Kumar Ghosh, Adv. Mr. Achintya Kr. Banjerjee, Adv. Mr. Debangshu Mondal, Adv.
The Court : The operative part of the judgment and order dated 11th July, 2016 was as follows:
"If the decision of the Heritage Commission is that the recommendation of the Heritage Conservation Committee was correct, then that is the end of the matter. If the decision is that it was incorrect, then the decision of the Commission will be send to the Mayor-in-Council under Section 425B of the Kolkata Municipal Corporation Act, 1980 and, thereafter, to the Corporation for final approval of the same. The Corporation should be able to take the decision, if so required within a further period of eight weeks from the date of communication of the decision of the Heritage Commission. The Corporation will not ordinarily interfere with the decision of the Commission. If it does, it has to be supported by detailed reasons. These two writ applications are, accordingly, disposed of." 2
On the last occasion i.e. on 20th July, 2018, learned Counsel appearing for the alleged contemnor took time to bring to this Court a compliance report.
No compliance report is ready as yet. Mr. Ghosh, learned Counsel, submits that the Kolkata Municipal Corporation has taken a decision to refer the matter to the Government.
I am afraid this is not the decision they were required to take under the said judgment and order. They were directed either to approve the decision of the Heritage Commission or if they disapproved it, to do so with reasons.
The Court reiterates very firmly that the Government or any Semi- Government organization cannot be allowed to take the law into their own hands. They must follow the orders of the Court in the strictest terms.
There is no stay or modification of the above judgment and order of this Court by any superior Court.
In those circumstances, this application is adjourned till 14th September, 2018 by directing the Kolkata Municipal Corporation to bring a compliance report before this Court to avoid the consequences of contempt proceedings.
(I. P. MUKERJI, J.) cs