M/S. Kzar Properties Pvt. Limited ... vs The Kolkata Municipal ...
2023 Latest Caselaw 1044 Cal/2

                                                                   OD-1

                IN THE HIGH COURT AT CALCUTTA
                 CIVIL APPELLATE JURISDICTION
                         ORIGINAL SIDE

                         APOT/89/2023
                              WITH
                        WPO 634 OF 2023
                        IA NO:GA/1/2023

           M/S. KZAR PROPERTIES PVT. LIMITED AND ORS.
                              VS
          THE KOLKATA MUNICIPAL CORPORATION AND ORS.



  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE

The Hon'ble JUSTICE APURBA SINHA RAY Date : 25th April, 2023.

Appearance:

Mr.Raghunath Chakraborty, Advocate Ms. T. Das, Advocate ....for appellantss Mr. Alok Kr. Ghosh, Advocate Mr. Gopal Chandra Das,Advocate Ms. Manisha Nath, Advocate ....for KMC.

Mr. Debjit Mukherjee, Advocate Ms. Susmita Chatterjee, Advocate ...for State

THE COURT: A judgment and order dated March 23,

2023 whereby the writ petition of the appellants being

WPO/634/2023 was disposed of, is under challenge in this

appeal.

By the impugned order, the learned single Judge has

remanded the matter back to KMC for fresh decision being

taken by the Mayor-in-Council. Stay of the demolition order

issued by KMC has been granted for eight weeks. The Mayor-

in-Council has been directed to take a fresh decision within a

period of eight weeks.

The appellants/writ petitioners are aggrieved by the

remand. They apprehend that there will be no change of

decision.

Mr. Ghosh, learned senior Counsel appearing for KMC

says, on instruction, that no fresh decision will be taken

immediately. He has been instructed to prefer a cross-

objection against the order, which is under challenge in this

appeal.

It is understood, therefore, that no fresh decision be

taken by the Mayor-in-Council in terms of the impugned order

without the leave of this Court.

Naturally no coercive action can be taken against the

impugned construction without fresh decision being taken. No

addition/alteration be made by the appellants to the structure

in respect of which notice under Section 401 of the KMC Act

was issued and no third party interest be created in respect of

that portion until further order.

The Corporation authorities will be at liberty to take

necessary inspection of the premises in question in

accordance with law.

List this matter once again on Wednesday week (May 3,

2023) .

(ARIJIT BANERJEE, J.)

(APURBA SINHA RAY, J.) dg/