23225W/2013 on 8 August, 2013

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Calcutta High Court (Appellete Side)

23225W/2013 on 8 August, 2013

Bench: Soumen Sen

                                          1



08.08.2013.
    d.p.
                       W. P. No. 23225 (W) of 2013



                       Mr.   T.K. Basu,
                       Mr.   S. Chowdhury,
                       Mr.   S. Dutta,
                       Mr.   U. Pramanik.
                                       ...For the Petitioners.

                       Mr. Maloy Kr. Basu,
                       Mr. Indranil Nandi,
                       Mr. Anirban Banerjee.
                                     ...For the Respondent No.3.

Mr. Bhaskar Sen, Mr. Indranil Roy, Mr. Sankar Kr. Samanta.

...For the Respondent No.4.

Mr. Madhusudan Saha Ray.

... For the Respondent Nos. 1 & 2.

Pursuant to the direction passed by this court, the technical adviser of NDITA has filed a report wherefrom it appears that due to settlement of ground in the open Parking Zone which is now covered with tiles, cracks have been developed at several places. Cracks also generated on the boundary wall of Zoom Enterprise Ltd. adjacent to the plot of M/s. India Cable Net Co. Ltd., Plot No. X-I, 4 Block EP & GP, Salt Lake Electronics Complex, Sector V, Kolkata-700091 due to depression of foundation as well as lateral shifting of soil. (Photographs enclosed). The foundation of diesel generator sets (2 nos.) are also settled due to depression of soil and resulted lateral shifting of the diesel generator sets.

The said report is taken on record and is kept with the record.

In view of the aforesaid, the respondent no.3 is directed to take remedial measures immediately and such repairing shall be done under the strict supervision of the technical advisor of NDITA or any responsible engineer that may be deputed by the Chairman to supervise and oversee such repairing work at the cost and expenses of the respondent no.3.

Mr. Saha Roy is directed to circulate a copy of the report prepared by the technical advisor to the appearing parties.

The petitioners shall not prevent the engineer and the representative of the defendant no.3 from carrying out such repairing work as suggested by the technical advisor.

Mr. Bhaskar Sen, learned senior counsel appearing on behalf of the respondent no.4 submits that about two months time would be required to raise the wall and complete the repairing work.

In view thereof, the time to complete the repairing work and other defendants are required to be done as communicated by the technical advisor by the said respondents shall be completed within a period of two months from date.

The writ petition is adjourned for two months.

( Soumen Sen, J )

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Calcutta High Court (Appellete Side)