Calcutta High Court
Lipika Das vs Kolkata Municipal Corporation & Ors on 25 February, 2014
Bench: Arun Mishra, Joymalya Bagchi
ORDER SHEET
A.P.O 418 of 2012
W. P. No.366 of 2012
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
LIPIKA DAS ... Appellant
Versus
KOLKATA MUNICIPAL CORPORATION & ORS. ...
Respondent
BEFORE:
The Hon'ble The Chief Justice MR. ARUN MISHRA And The Hon'ble Justice JOYMALYA BAGCHI Date : 25th February, 2014. For the Appellant :
For the Respondents: Mr. P. K. Datta, Sr. Advocate with Ms. P. Sengupta, Advocate THE COURT: This intra court appeal was filed as against the judgement and order dated 31st August, 2012 passed by a single Judge of this court. Aggrieved by the interim order, the appeal has been filed by the appellant which has been decided and an interim order has been passed on 16.10.2012 in which it was ordered that Corporation must finalize after giving the parties a post facto sanction for 2 the use and installation of respective mobile towers. However, at the same time respondent No.6 shall not use the mobile tower till the decision is taken on the issue of post facto sanction of installation of mobile tower. The interim order has been directed to continue till the disposal of the appeal.
It is submitted by the learned counsel appearing on behalf of the Respondent-Corporation that pursuant to the order passed by way of interim order which is final in nature, an order has been passed by the Corporation on 1st July 2013 for demolition of the already installed tower over the stair-head room of G + III storied building at premises No.11, Blacquire Square, Ward 17, Br.II, Kolkata - 700006 within 30 days from the date of communication of the order. It is also submitted that aggrieved by the said order passed by the Director General Building-II, K.M.C. an appeal has also been filed and the same is pending consideration before the Municipal Building Tribunal being MBTA No.88/13/296 dated 15-2-2014. In the circumstances, as the interim order passed by this Court has been complied with and complexion of the appeal has been changed due to subsequent events and an appeal itself is pending as against the final order passed by the KMC with respect to the removal of the mobile towers, we find no ground so as 3 to entertain this appeal any further as the order of KMC has been questioned before the concerned Municipal Building Tribunal by the appellant.
However, the appeal should not be kept pending. Let the appeal be decided as expeditiously as possible and we direct the Tribunal to dispose of the same within a period of four months from the date of receipt of certified copy of this order after giving opportunities to all the affected parties. It would be open to the appellant to question the legality of the appellate order and the order passed by D.G.(Bld.)II, Kolkata Municipal Corporation in the appropriate proceedings.
The appeal accordingly stands disposed of. Photostat certified copy of this order be made available to the parties upon compliance of usual formalities. (JOYMALYA BAGCHI, J.) (ARUN MISHRA, C.J.) Rsg AR(CR) 4