A comprehensive report has been submitted by Mr. Soumya Majumdar, learned Special Officer appointed by this Court. This report broadly confirms the content of the report of the Director General (Building), Kolkata Municipal Corporation as regards position of the subject premises.
I find from the report that the part of the building which collapsed is not in occupation of any occupier other than the owner. The petitioner shall be at liberty to apply for an order of demolition before the Kolkata Municipal Corporation in respect of that part of the building and if such an application is made, appropriate direction shall be issued by the Kolkata Municipal Corporation as early as possible but not later than six weeks from the date of submission of such application.
As regards the part of the building which requires repair, Mr. Behani, learned senior counsel appearing for the corporation apprises this Court that independent sanction is necessary from the Kolkata Municipal Corporation.
The petitioner shall be at liberty to apply for appropriate sanction and then the repair work will be carried out on the basis of such sanction in accordance with law. I am not making any observation as regards the nature of the title, if any, of the occupier as this Court is informed that a civil suit is pending on that count.
However, any work undertaken by the petitioner shall not in any way prejudice the occupation of other occupiers of the building. The appointment of Mr. Majumdar as Special Officer stands discharged. The writ petition stands disposed in the above terms. Parties and all concerned are to act on a Xeroxed signed copy of this order to be supplied to the parties on the usual undertakings.