directed their demolition
but had ordered the demolition of 18 illegal rooms. The said demolition
order was challenged by the Appellant before ... demolition
order dated 07.03.2022, has been passed directing demolition of all the
constructions on the impugned property. In this backdrop, the
Appellant firstly evaded demolition
said premises suffering the demolition order. The
petitioners intend to prefer an appeal against the said
order of demolition.
Some of the owners ... preferred any appeal
before the appellate forum challenging the order of
demolition. The order of demolition has attained finality
by now. The petitioner being
requisite permission. It
further appears that at the time of execution of demolition order, it has
been found that in course of time, the person ... stands defeated if there is undue delay in
execution of a demolition order issued under that section. We direct the
Municipal Commissioner to look into
orders dated 22.06.2021 of Appellate Tribunal,
MCD, demolition action in execution of demolition order was
taken by the answering respondent on 23.07.2021 with the help ... twice and demolition action was taken in
execution of the demolition orders passed by following the due
process of law and in compliance of orders
respondent No.3.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 03.11.2022
1. By way of the present writ petition filed under Article ... under:
"3. That it is respectfully submitted that in execution of demolition
order dated 13.09.2017, action was planned for 12.09.2022 wherein
fourth floor
technicalities should not be given precedence in the
process of execution of demolition order, issued in the
year 2019.
There has been an order passed ... Municipal
Corporation has been directed to take steps for
execution of the order of demolition dated 1.3.2019,
3
provided the same is not set
aside
order of
demolition. It is high time that the Corporation executes the order of
demolition immediately.
The Kolkata Municipal Corporation is directed to effect
demolition ... same will certainly not stand in the way of execution of the
order of demolition.
The Officer-in-Charge of the Shyampukur Police Station
when it was served on him. The execution proceeding pursuant to the demolition order has been initiated in the year 2022, that too without issuing ... reply, if any, submitted by the petitioner. The execution of the demolition order passed on 5.4.2018 can only be initiated after completion of the proceedings
dismissed vide order dated 21.10.2019. Thereafter, the
Respondent No. 3 in order to further delay execution of the demolition
order, sent a reminder ... carrying out the demolition order dated 05.12.2018 and
hold an enquiry as to who is at fault in dealing the execution of the
said order
prevented implementation of the demolition order
which was first passed about ten years ago. Mr. Banerjee submitted that the
demolition order should be executed forth ... appearing for HMC
submitted that steps are being taken for execution of the demolition order in
terms of the judgment and order of the learned
