Calcutta High Court (Appellete Side)
Subrata Banick Roy & Ors vs The Kolkata Municipal ... on 21 December, 2022
Item No. 5
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
21.12.2022
Ct-24
WPA 28385 of 2022
Subrata Banick Roy & Ors.
v.
The Kolkata Municipal Corporation & Ors.
Mr. Debanik Banerjee
Mr. Steven S Biswas
... for the petitioners.
Mr. Dwijadas Chakraborty
Mr. Abhishek Sikdar
... for KMC.
Ms. Piyali Sengupta
... for the State.
The petitioners are aggrieved by the notice dated
December 9, 2022 issued under Sections 544 and 546 of
the Kolkata Municipal Corporation Act, 1980 intimating
one Mr. Abir Sikdar that the men and agents of the
Kolkata Municipal Corporation will enter the Premises
No. 73M, Moulana Abul Kalam Azad Sarani, Ward No.
33, Borough-III for demolishing the unauthorized
portions as per the order dated September 29, 2022
passed by the Senior Municipal Magistrate, Calcutta in
Case No. 2661of 2016, CNR No. WBCS03-02742-2016.
The petitioners claim to be lessees of the portions
which are directed to be demolished. It has been
submitted that the petitioners were not made aware
about the unauthorized construction. No opportunity of
hearing was given to the petitioners prior to issuance of
the notice under Sections 544 and 546.
2
The learned advocate representing the Kolkata
Municipal Corporation has placed before this Court the
order dated September 29, 2022 passed by the Senior
Municipal Magistrate, Calcutta.
It appears therefrom that the aforesaid demolition
proceeding was initiated in the year 2016. The person
responsible for making construction i.e. Abir Sikdar, the
private respondent herein was afforded reasonable
opportunity to defend himself. The Court found him
guilty of the offence punishable under the Kolkata
Municipal Corporation Act, 1980 and directed the
Municipal Commissioner or any person authorized by
him to demolish the unauthorized, irregular, invalid,
illegal and unlawful erection/construction work in the
subject premises.
It has been submitted that the notice under
Sections 544 and 546 has been issued in compliance of
the direction passed by the learned Court below.
It appears from the submissions made on behalf of
the parties that the petitioners claim to be the lessees of
the disputed portions which are to be demolished. Copy
of the deeds of lease and assignment annexed to the writ
petition indicates that the same was entered in the year
2016 onwards. The unauthorized construction took
place prior thereto.
The petitioners cannot be permitted to take benefit
or enjoy any portion which has been constructed
contrary to the provisions of law.
The person responsible for making construction
was afforded opportunity of hearing. The said person
faced a regular trial and judgment was delivered by the
Court on September 29, 2022. The men and agents of
the Corporation are bound to comply the direction
passed by the Senior Municipal Magistrate.
The petitioners cannot be permitted any
opportunity to hold on to any structure constructed
contrary to the provisions of the Kolkata Municipal
Corporation Act, 1980. If the prayer of the petitioners are
to be accepted, then the demolition proceeding can never
be concluded and the erring builder will always try to
induct tenants/licensees to stall and prevent the
execution of the order of demolition.
In view of the above, no relief can be granted to the
petitioners in the present writ petition.
The writ petition fails and is hereby dismissed.
The men and agents of the Corporation will be at
liberty to take steps to act in compliance of the direction
passed by the Senior Municipal Magistrate.
Copy of the judgment dated September 29, 2022
be retained with the records.
Urgent certified photocopy of this order, if applied
for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
sh (Amrita Sinha, J.)
