Calcutta High Court (Appellete Side)
Md. Gholam Qadir & Ors vs The Municipal Commissioner on 7 February, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
07.02.2023
ML 31
WPA 16528 of 2021
Ct.24
BM(JR)
Md. Gholam Qadir & Ors.
Vs.
The Municipal Commissioner,
Kolkata Municipal Corporation & Ors.
Mr. Md. Shakir ...for the petitioners.
Mr. Rudranil De ...for KMC.
An accommodation has been sought for on behalf
of the learned advocate representing the petitioners.
It appears that the writ petition was filed on 30 th
September, 2021 and thereafter repeated adjournments
were sought for by the petitioners.
The premises in question is facing an order of
demolition passed by the Senior Municipal Magistrate,
Kolkata. The demolition work could not be implemented
as the premises is fully occupied.
The Executive Engineer, Civil/ Building/ Borough-
I, KMC requested the occupiers to vacate the premises by
notice dated 7th March, 2021. The petitioners pray for
setting aside the said order.
The petitioners allege that no notice of any
proceeding was ever served upon them who are the
occupiers/tenants of the said premises.
The order was passed by the learned Senior
Municipal Magistrate, Kolkata way back in the year 2019
and it is high time that the said order is to be
2
implemented by the Corporation.
Learned advocate representing KMC submits, upon
instructions that, the Building Department, KMC issued
a letter on 25th September, 2021 to the Deputy
Commissioner of Police, N.N.S.D. with a copy to the
Officer in Charge, Cossipore Police Station, Kolkata with
request to arrange for vacating the premises so that a
date may be fixed for proceeding with the demolition
programme for executing the order of the learned Senior
Municipal Magistrate, Kolkata.
There is nothing to record to suggest that the police
took steps for vacating the premises being No. 96/H/20,
Cossipore Road, Kolkata-700002, Ward No. 1, Borough -
I.
As the order passed by the learned Senior
Executive Magistrate is yet to be set aside, vacated,
varied or modified by a Court of competent jurisdiction,
the same is liable to be implemented.
The Commissioner of Police and the Deputy
Commissioner of Police, North Division, Kolkata are
directed to take steps to vacate the premises at the
earliest and intimate the same to the Executive Engineer,
Civil/ Building/ Borough-I, KMC so that the
unauthorized structure may be demolished.
The Commissioner of Police and the Deputy
Commissioner of Police, North Division, Kolkata shall
take steps to vacate the premises at the earliest but
positively within a period of four weeks from the date of
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communication of this order and the demolition shall be
carried out by the Corporation within a period of four
weeks thereafter.
Learned advocate for the KMC is directed to
communicate this order to the concerned respondents for
compliance of the same.
The writ petition stands disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Amrita Sinha, J.)