Smt. Sunitha Roy Vs. Kolkata Municipal Corporation and ors.. - Court Judgment

Excerpt:
the court :-in this writ petition, the prayer in substance of the petitioner is to permit her to demolish a portion of premises no.16-b, jaykrishna pal road, kolkata-700023 and carry out repair work in other parts of the premises. however, part of the premises is in occupation of the two occupants, who are also impleaded as respondent nos.11 and 12 in this writ petition. in my view, any direction upon the corporation cannot be issued by the writ court which would in reality result in demolition of part of the building, which is in occupation of any other occupants. to do so, an appropriate direction of the civil court would be necessary. mr.deb roy, learned counsel appearing on behalf of the petitioner submitted that the portion of the premises which his client seeks to demolish is not in occupation of any other occupant. no one appears on behalf of the private respondents when the matter is called on for hearing. urgency has been pleaded by mr.deb roy, learned counsel on behalf of the petitioner, on the ground that part of the building may collapse unless such work is carried out. in these circumstances, i appoint mr.soumya majumder, a practising advocate of this court, as special officer to make a visit to the premises in question and ascertain as to whether the portion of the building in which the petitioner seeks to demolish and the portion in which she wants to carry on repair work as per the report of the director general of building, kolkata municipal corporation is in the occupation of the writ petitioner or in possession of any other occupant. for this purpose initially a sketch map of the building in question marking the portion over which the petitioner seeks demolition shall be made available to the learned special officer. this shall be done within a period of two days from date. thereafter, learned special officer shall visit the premises upon notice to the learned advocate-on-record of the petitioner and the respondent no.6 and ascertain as to whether the portion for which the repair and demolition is sought in the occupation of the writ petitioner or not. the report shall be submitted in this regard before this court on 26th august, 2010. let the matter be listed on 26th august, 2010. special officer and all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.

Judgment:
The Court :-In this writ petition, the prayer in substance of the petitioner is to permit her to demolish a portion of premises No.16-B, Jaykrishna Pal Road, Kolkata-700023 and carry out repair work in other parts of the premises.

However, part of the premises is in occupation of the two occupants, who are also impleaded as Respondent Nos.11 and 12 in this writ petition. In my view, any direction upon the Corporation cannot be issued by the Writ Court which would in reality result in demolition of part of the building, which is in occupation of any other occupants. To do so, an appropriate direction of the Civil Court would be necessary. Mr.Deb Roy, learned Counsel appearing on behalf of the petitioner submitted that the portion of the premises which his client seeks to demolish is not in occupation of any other occupant.

No one appears on behalf of the Private Respondents when the matter is called on for hearing. Urgency has been pleaded by Mr.Deb Roy, learned Counsel on behalf of the petitioner, on the ground that part of the building may collapse unless such work is carried out. In these circumstances, I appoint Mr.Soumya Majumder, a practising Advocate of this Court, as Special Officer to make a visit to the premises in question and ascertain as to whether the portion of the building in which the petitioner seeks to demolish and the portion in which she wants to carry on repair work as per the report of the Director General of Building, Kolkata Municipal Corporation is in the occupation of the writ petitioner or in possession of any other occupant.

For this purpose initially a sketch map of the building in question marking the portion over which the petitioner seeks demolition shall be made available to the learned Special Officer. This shall be done within a period of two days from date. Thereafter, learned Special Officer shall visit the premises upon notice to the learned Advocate-on-record of the petitioner and the Respondent No.6 and ascertain as to whether the portion for which the repair and demolition is sought in the occupation of the writ petitioner or not. The report shall be submitted in this regard before this Court on 26th August, 2010.

Let the matter be listed on 26th August, 2010. Special Officer and all parties concerned are to act on a Photostat signed copy of this order on the usual undertakings.