ORDER
SHEET W.P.No.994 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRADIP KUMAR GHOSH Versus KOLKATATA MUNICIPAL CORPORATION AND ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 31st March, 2014.
For Petitioner : MR.S.SARKAR,ADVOCATE For KMC : MR.B.MUKHERJEE,ADVOCATE MR.S.BANDYOPADHYAY,ADVOCATE MRS.S.CHAKRABORTY,ADVOCATE For State: MRS.SIPRA MAJUMDER,ADVOCATE The Court : In the writ petition, the petitioner has prayed for a direction upon the authorities of the Kolkata Municipal Corporation to take steps to demolish the construction raised by the private respondent no.6 on the ground floor at premises No.82/2A Bidhan Sarani, Kolkata- 700004 as it has been found to have been raised illegally by an order dated 29th January, 2013 passed by the Special Officer (Building).Learned advocate appearing on behalf of the Corporation denying the allegations made in the writ petition submits on instruction that steps were taken and demolition was carried out as evident from the report dated 21st May, 2013 prepared by the Assistant Engineer, Building Department, Borough-II, of the Kolkata Municipal Corporation.
In reply, it is submitted that no step has been taken for carrying out the order passed by the Special Officer.
Having heard the learned advocates for the parties, since I find that the building in question has been found to be unauthorized by an order dated 29th January, 2013 passed by the Special Officer (Building).considering such fact, the Director General (Building-II).the Kolkata Municipal Corporation, Kolkata, the respondent no.5 is directed to demolish the said construction within three months from the date of presentation of a copy of the certified copy of this order.
The cost of such demolition shall be realized from the respondent no.6.
In the event, during demolition, police help is required and if application to that effect is filed before the Officer-in-Charge, Shyampukur Police Station, the respondent no.7, the said respondent no.7 shall render assistance in accordance with law on compliance of all formalities.
The writ petition is disposed of.
No order as to costs.
(SOUMITRA PAL, J.) ssaha AR(CR)