Judgment:
ORDER
SHEET WP NO.720 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE CALCUTTA LAW JOURNAL (PVT.LIMITED Versus THE KOLKATA MUNICIPAL CORPORATION AND ORS.……… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th August, 2014.
Mr.P.Nandi, Mr.D.N.Pal, Mr.D.C.Pal…for petitioner.
The Court : Two points are raised in this application.
The fiRs.is that the fifth respondent is in unauthorised occupation of a portion of premises no.8, Old Post Office Street, Kolkata and that they have made illegal construction therein.
Secondly, this respondent has accumulated a sizeable quantity of solid waste adjoining the office of the writ petitioner, which is most unhealthy and illegal.
It seems that the Chief Municipal Health Officer made an investigation of the portion of the premises on 14th December, 2012.
In his report which is at page 31 of the writ petition he has found the presence of “huge solid waste ………… blocking the mouth of the said passage facing Calcutta High Court”.
He has also found such accumulation of solid waste to be a source of health hazard.
An affidavit of service is on record.
I have satisfied myself that all the respondents have been served.
None comes to oppose this application.
In those circumstances, I dispose of this writ application by passing the following order : A].With regard to the accumulation of solid waste, garbage etc.adjoining the office of the writ petitioner, the fiRs.to fourth respondents will take steps for its removal within three weeks of communication of this order, acting in terms of the report of the Chief Municipal Health Officer dated 14th December, 2012 and this order; B].With regard to the question of illegal construction, the fiRs.and second respondents will cause an inquiry to be made and if upon such inquiry it is found that the fifth respondent has made illegal construction, the same will be demolished.
Such inquiry and demolition will be in accordance with the Kolkata Municipal Corporation Act, 1980.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I.
Pkd.
A.R.[C.R.].P.MUKERJI, J.)