Jamshed Hossain vs The Kolkata Municipal ...
2023 Latest Caselaw 1329 Cal

22.02.2023 Item No. 09.

Court No.6.

S. De M.A.T. 301 of 2023 with I.A. No. CAN/1/2023

Jamshed Hossain.

Vs The Kolkata Municipal Corporation & Ors.

Mr. Sounak Bhattacharya, Mr. Tirthankar Mukherjee, Ms. Madhurima Sarkar, Ms. Sucheta Pal, Mr. Subhajit Samanta, ...for the appellant.

Mr. Subhrangsu Panda, Ms. Ina Bhattacharyya, ...for the K.M.C.

A judgment and order dated January 24, 2023,

in effect dismissing the appellant's writ petition, is

under challenge before us.

The appellant had approached the learned

Single Judge challenging a demolition order. Initially,

an interim order was granted in favour of the writ

petitioner on December 23, 2022.

On the adjourned date i.e. January 24, 2023,

the writ petitioner was not represented before the

learned Judge. Learned advocate appearing for the

Kolkata Municipal Corporation produced a copy of a

resolution of the Mayor-in-Council dated October 19,

2022 wherefrom it appeared that steps had been taken

under Section 400(8) of the Kolkata Municipal

Corporation Act, 1980 with the approval of the Mayor-

in-Council. Noting the aforesaid, the learned Judge

vacated the interim order and disposed of the writ

petition. Hence, this appeal.

Mr. Bhattacharyya, learned advocate appearing

for the appellant/writ petitioner makes a very serious

allegation. He says on instruction that if the original

records of Kolkata Municipal Corporation are

produced, it will be found that in fact there is no

resolution of the Mayor-in-Council authorizing the

officers to take action under Section 400(8) of the

Kolkata Municipal Corporation Act.

Mr. Panda, learned advocate appearing for the

Kolkata Municipal Corporation, vehemently, denies

such allegation.

In a similar matter i.e. APOT 21 of 2023 (Nirmal

Kumar Das also known as Nirmal Das Vs. The Kolkata

Municipal Corporation & Ors.), learned advocate for

the appellant had made a similar allegation and this

Court had directed the Kolkata Municipal Corporation

to produce the relevant original records. We are told

that such records are to be produced on November 27,

2022. Mr. Panda, learned advocate appearing for the

Kolkata Municipal Corporation says that it will be

convenient if this matter can be listed on that date so

that the relevant records of both the matters can be

produced together.

List this matter once again on February 27,

2023.

Learned advocates for the parties say that the

demolition process is in progress. Let Kolkata

Municipal Corporation stay its hands and not proceed

with further demolition till February 28, 2023 or until

further order whichever is earlier.

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