Full Judgment
ORDER
SHEET W.P.No.537 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TAPAN KUMAR SHAH & ANR.
Plaintiff/Petitioner/Applicant Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Defendant/Respondent For Plaintiff/Petitioner : MR.RUPAK GHOSH,ADVOCATE For KMC : MR.ASOK KUMAR BANERJEE,SENIOR ADVOCATE, Ms.TANUSHREE DASGUPTA, ADVOCATE.
BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date :
16. h February, 2012.
The Court : It is submitted by Mr.Ghosh, learned advocate for the petitioner that time may be extended for paying the charges under Serial Nos.1,2,3,4 & 6 as directed by order dated 23rd December, 2011.
It is also submitted that payment of 50% of the amount under Serial No.5 may be waived as the petitioner is in difficulty to pay the same.
I find that such payment was directed to be paid by 4th January, 2012 and the Corporation was directed not to take any coercive action including demolition till 4th January, 2012.
It appears that the petitioner preferred appeal but was unsuccessful.
Mr.Banerjee, learned Senior Advocate for the Kolkata Municipal Corporation submits that since no payment has been made, Corporation may be allowed to take appropriate steps.
Having heard the parties, time to make payment of the charges under Serial Nos.1,2,3,4 & 6 is extended till 2nd March, 2012.
So far as the payment of 50% under Serial No.5 is concerned, as directed by the order dated 23rd December, 2011, time to make payment of the same is also extended till 2nd March, 2012.
Such payment shall be made without prejudice to the rights and contentions of the parties and subject to further order that may be passed.
The authorities of the Kolkata Municipal Corporation are directed not to take any coercive action including demolition till 5th March, 2012.
Liberty to mention upon notice.
All parties concerned are to act on a signed photo copy of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha AR(CR)