Calcutta High Court (Appellete Side)
Kamini Bala Bar vs Sri Dulal Chandra Das & Ors on 21 April, 2023
D/L
Item No. 13
21.04.2023
KOLE
CPAN 252 of 2023
In
MAT 1434 of 2022
Kamini Bala Bar
-Vs.-
Sri Dulal Chandra Das & Ors.
Mr. Nirmalya Kumar Das,
Mr. G. Hossain,
... for the petitioner.
Mr. Raghunath Chakraborty,
Mr. A. De,
... for the contemnor.
This contempt application has been taken out for
alleged willful violation of a judgment and order dated
September 30, 2022, whereby MAT 1434 of 2022 was
disposed of.
The present writ petitioner had approached the
learned Single Judge by filing WP No. 6715 of 2019
contending that the Maheshtala Municipality had
demolished a structure standing on her land without serving
prior notice on her and subsequently took away the debris
and the materials. She claimed compensation on account of
such illegal unauthorized demolition. The learned Judge
disposed of the writ petition with the following
observations:-
"In view of the above, leave is granted to the
petitioner o file appropriate application
before the Maheshtala Municipality along
with all supporting documents of her claim
and highlighting her grievances.
In the event such a representation is made,
the same shall be considered by the
Chairman of Maheshtala Municipality
strictly in accordance with law, at the
earliest, but positively within a period of
eight weeks from the date of submitting the
representation.
The Chairman of the Maheshtala
Municipality shall pass a reasoned order
and communicate the same to the petitioner
immediately thereafter.
If it transpires that the demolition was
conducted without giving any prior
intimation to the petitioner, then the
Municipality shall consider the prayer for
grant of compensation to the petitioner in
accordance with law."
Being aggrieved, the writ petitioner had come up in
appeal before us by way of filing MAT 1434 of 2022.
We had disposed of the appeal with the following
observations:-
"Accordingly, we modify the order
impugned only to the extent that if the
appellant makes a representation as she
has been permitted to do by the learned
Single Judge, the same will be considered
and disposed of by the Board of Councillors
of the Municipality and not by the
Chairman alone, by a reasoned order, in
accordance with law, within a period of
twelve (12) weeks from the date of receipt of
the representation, after giving an
opportunity of hearing to the appellant or
her authorized representative. The order so
passed shall be communicated to the
appellant within a week from the date of the
order."
Learned Advocate for the petitioner says that
although the direction on the Board of Councillors was to
dispose of the representation within 12 weeks from the date
of receipt thereof and the representation was made on
October 18, 2022, the representation is yet to be disposed of.
Much more than 12 weeks have elapsed. The alleged
contemnors have not complied with the order of this Court.
Mr. Chakraborty, learned Advocate, representing the
alleged contemnors says that Kamini Bala passed away on
October 18, 2022. She left behind eight legal heirs as would
appear from a copy of a certificate issued by Maheshtala
Municipality, annexed at page 16 of the contempt petition.
Mr. Chakraborty says that the representation that had been
made in the name of Kamini Bala can be disposed of in the
presence of all her legal heirs.
Learned Advocate for the petitioner shall furnish
addresses of all the legal heirs of Kamini Bala to learned
Advocate for the alleged contemnors by 25.04.2023. The
Board of Councillors shall issue notice of hearing to all the
legal heirs of Kamini Bala. Even in spite of receipt of notice,
if one or more of the legal heirs fail to appear at the hearing,
the Board of Councillors will still proceed and dispose of the
matter. The legal heirs who appear before the Board of
Councillors will be entitled to rely on relevant documents as
they may be advised. The Board of Councillors shall take a
reasoned decision on the representation that is pending
before it. Needless to say, if the Board of Councillors comes
to the conclusion that compensation is payable to the legal
heirs of Kamini Bala, the same shall be paid as expeditiously
as possible but definitely within 12 weeks from the date of
the decision, to the legal heirs in equal share. The Board of
Councillors shall decide upon hearing the legal heirs of
Kamini Bala who choose to appear before the Board or their
authorized representatives. The entire exercise shall be
completed within a month from the date of supply of the
addresses of the legal heirs of Kamini Bala by learned
Advocate for the petitioner to learned Advocate for the
alleged contemnor.
We do not find any reason to proceed with this
contempt application.
CPAN 252 of 2023 is, thus, disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as possible.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)
