Calcutta High Court
Md. Wasim vs Kolkata Municipal Corporation & Ors on 5 September, 2023
Author: Amrita Sinha
Bench: Amrita Sinha
OD-6
WPO/1574/2023
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
MD. WASIM
-Versus-
KOLKATA MUNICIPAL CORPORATION & ORS.
Appearance:
Mr. Gopal Chandra Das, Adv.
Mr. Rudrajit De, Adv.
...for the KMC.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date: September 5, 2023 The Court: The present writ petition was filed after obtaining leave yesterday, to move the same today, citing urgency.
At the time of hearing of the writ petition none appears for the petitioner. No accommodation has been sought for the petitioner.
From the instruction forwarded by the engineers of the Corporation, it appears that KMC passed an order of demolition of the structure standing at plot no. 38/1B, Shyamsul Huda Road, Ward No. 65, Borough -VII under Section 400(1) of the KMC Act, 1980. Additional floors over the 2 sanctioned two storied structure and the projection at the first floor were directed to be demolished by the Special Officer (Building) way back on 11th January, 2023.
Today is the date fixed for execution of the order of demolition.
As on date, there is no order staying/setting aside/varying or modifying the order of demolition passed by the competent authority.
In view of the above, the writ petition stands dismissed. The Corporation is directed to proceed with the execution of the demolition order.
Instruction forwarded by the engineer of Corporation be retained with the records.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
[AMRITA SINHA, J.] Dg/