Md Ehtesham Uddin vs Somnath De
2023 Latest Caselaw 3309 Cal/2

Calcutta High Court

Md Ehtesham Uddin vs Somnath De on 5 December, 2023

Author: Arijit Banerjee

Bench: Arijit Banerjee

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                                                                        ODSL-1

                    IN THE HIGH COURT AT CALCUTTA
                   SPECIAL JURISDICTION [CONTEMPT]
                             ORIGINAL SIDE

                            CC/56/2023
                       MD EHTESHAM UDDIN
                                VS
                SOMNATH DE, THE KOLKATA MUNICIPAL
                      COMMISSIONER & ORS.

BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
The Hon'ble JUSTICE PRASENJIT BISWAS
Date : 5TH December, 2023.

                                                                  Appearance:
                                                            Mr. Arif Ali, Adv.
                                                Mr. Sarban Bhattacharjee, Adv.
                                                            For the petitioner.


         The Court:- This contempt application has been taken out

alleging wilful violation of a judgment and order dated April 5,

2023, passed in APOT/84/2023 [Md. Wasim & Anr. Vs. Md.

Ehtesham Uddin & Ors] by us.

         The relevant portion of the said judgment and order reads

as follows:



          "Having heard learned Counsel for the parties we are of the
     opinion that the following order shall serve the ends of justice:
          (i)   The Municipal Building Tribunal is directed to decide the
     stay application of the appellants before us which they have filed in
     connection with MBT Appeal No. 82 of 2023 by the end of April,
     2023, after affording opportunity of hearing to all concerned
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     parties including the appellants herein and the writ petitioner.
     Sufficient notice of hearing will be given to the parties.
             (ii)   Kolkata Municipal Corporation is directed to ensure that
     the original records of the case are available before the Municipal
     Building Tribunal by April 13, 2023, so that the Tribunal can issue
     notice of hearing at an early date and decide the stay application
     filed in connection with MAT 82 of 2023 by the end of April, 2023.
             (iii) Till the decision of the Municipal Building Tribunal on
     the stay application filed in connection with MAT No. 82 of 2023 is
     available, no action shall be taken for demolition of the alleged
     unauthorized construction in question or any portion thereof.
             (iv) The concerned Deputy Commissioner of Police shall
     ensure         through   his   subordinate   officers   that   no   further
     construction is made at the premises in question.
             (v)    Needless to say, if any party obtains sanction from the
     Kolkata Municipal Corporation for making construction at the
     premises in question, the same may be permitted. However, in any
     event no construction be made till the end of April, 2023."


       Mr. Ali, learned Advocate for the petitioner says that with

full knowledge of the order, the alleged contemnors have acted in

wilful violation thereof. Construction has been made on the

concerned plot of land in breach of the restraint imposed by the

Court in the said order.

       Let service of the contempt petition be effected on the

alleged contemnors and affidavit of service be filed in Court on the

next date.
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      List this matter on December 12, 2023.

 .

(ARIJIT BANERJEE, J)

(PRASENJIT BISWAS, J.) dg/