Lakhu Dubey vs The Kolkata Municipal ...
2021 Latest Caselaw 40 Cal/2

OD-2
                             ORDER SHEET

                            WPO 594 OF 2019

                  IN THE HIGH COURT AT CALCUTTA
                 CONSTITUTIONAL WRIT JURISDICTION
                           ORIGINAL SIDE


                        LAKHU DUBEY
                            Versus
          THE KOLKATA MUNICIPAL CORPORATION AND ORS



  BEFORE:
  The Hon'ble JUSTICE AMRITA SINHA

Date : 13th January, 2021.

[Via Video Conference]

Appearance Mr. R. N. Chakraborty, Adv.

Mr. M. Ahmed, Adv.

Mr. Gurudas Mitra, Adv.

Mr. Gopal Ch. Das, Adv.

The Court: The matter relates to premises no. 15, Kali

Temple Road, Kolkata 700026. There is an unanthorised construction in

the premises in question. The High Court in WP 85 of 2014 (Lakhu

Dubey -vs- The Kolkata Municipal Corporation) by a judgment dated 28th

April, 2017 directed demolition of all unauthorised construction in the

said premises in terms of the direction of the Special Officer (B) dated 6th

September, 1983 passed in demolition case No.85-D/1972-73, forthwith

and in any event within a period of four weeks from date.

In an appeal preferred against the aforesaid judgment, the

Hon'ble Division Bench by an order dated 12th July, 2017 passed in APO

No.315 of 2017, GA No. 2003 of 2017 (Bindeswari Dubey -vs- Lakhu

Dubey & Anr.) dismissed the appeal with costs.

The petitioner has presently filed the instant writ application

praying for direction upon the Kolkata Municipal Corporation for

revalidation of the sanction plan. The building permit in question was

sanctioned on 28th January, 2002 which was valid upto 27th January,

2007, thereafter revalidated on 9th May, 2012 and the same was valid till

9th May, 2015.

It appears that the petitioner at paragraph no.22 of the writ

petition has averred that the petitioner assured the Corporation that the

alleged portion of the unauthorised construction in physical occupation

of the petitioner shall be demolished by the petitioner and an

undertaking in the stamp paper was furnished, as desired.

The learned advocate appearing on behalf of the Kolkata

Municipal Corporation submits that in spite of the aforesaid undertaking

the petitioner has not yet demolished the unauthorised construction.

It has further been submitted that in compliance of the

direction passed by the Hon'ble Court, the Corporation had demolished

certain portions of the illegal construction but on physical verification it

was found that the portions which were demolished by the Corporation

was reconstructed all over again.

Prior to passing any order in the matter, the petitioner has to

show that he has approached the Court with clean hands. The

undertaking given by the petitioner is yet to be complied by him.

Accordingly, matter is adjourned till 12th March, 2021.

The parties shall apprise the Court as to whether the order

passed in the earlier writ petition and the appeal has been complied with

or not.

The Executive Engineer Building Department, Borough-VIII

is directed to supply a copy of the demolished sketch plan to the

petitioner within 28th January, 2021.

(AMRITA SINHA, J.)

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