Bitan Paul vs Chandannagore Municipal ...
2022 Latest Caselaw 8598 Cal

21.12.2022 Item No.13.

Court No.6.

AB M.A.T. 1938 of 2022 With IA CAN 1 of 2022

Bitan Paul Vs Chandannagore Municipal Corporation & Others

Mr. Ashoke Kr. Banerjee, Sr. Adv, Mr. Sudip Ghosh Choudhury ....for the Appellant.

Mr. Suman Basu .....for the Municipal Corporation.

Affidavit of Service filed in Court today be kept

with the records.

The appellant's writ petition was dismissed by

the learned Single Judge by the impugned judgment

and order dated December 1, 2022. Hence, this

appeal.

The appellant/writ petitioner challenged a

demolition order issued by the Chandannagore

Municipal Corporation. It appears that the appellant is

the Secretary of a school, which functions from the

building in question.

Learned Advocate for the Corporation says that

the school has a sanctioned plan for constructing G+3

building. However, a 4th floor has been constructed

and the 5th floor is under construction.

Learned Advocate for the appellant disputes the

aforesaid submission and says that no construction

work is going on at the moment.

Mr. Ashoke Kumar Banerjee, learned Senior

Advocate representing the appellant has raised a legal

issue, which goes to the root of the matter. It will take

some time to hear out the matter. We are only two

days away from the Christmas Vacation.

List the matter on January 3, 2023.

Although we do not record any formal order, it is

understood that the Corporation shall not take any

coercive steps till one week after the Christmas

Vacation or until further order, whichever is earlier.

The school shall not use the 4 th floor until further

orders.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)