Calcutta High Court (Appellete Side)
Firdous Khan vs Kolkata Municipal Corporation & ... on 28 February, 2023
4.
28-02-2023
debajyoti
(Ct. no.06)
MAT 2080 of 2022
+
IA NO:CAN/2/2023
Firdous Khan
Vs.
Kolkata Municipal Corporation & Ors.
Mr. Syed Shahid Imam,
Mr. Mohammad Khairul
... For the Appellant.
Mr. Achintya Banerjee,
Mr. Swapan Kumar Debnath
... For K.M.C.
Mr. Ziaul Islam
Mr. Jaydip Basu
... For the State.
A judgment and order dated August 11, 2022,
whereby the appellant's writ petition was disposed of
without any order being passed thereon, is the subject
matter of challenge in this appeal.
The appellant claims to be a tenant of a portion
of a two-storied building at Premises No.7A, Dr. M. N.
Chatterjee Sarani, Ward No.036, Borough-V. Her
grievance before the learned Single Judge was that the
portion under her occupation and in general the
building, is in a dilapidated condition and requires
immediate repairs, as otherwise, it may collapse. It
was brought to the notice of the learned Judge that a
notice under Section 411(1) of the Kolkata Municipal
Corporation Act, 1980 was issued way back in March,
2017.
It was submitted before the learned Single Judge
on behalf of the Corporation that upon recent
inspection, it has been found that the building is in a
good condition. The Corporation never served any
2
notice on the owner or occupier of the said premises
under Section 411(2) of the Kolkata Municipal
Corporation Act, 1980. As per the records of the
Corporation, the building is not a 'DANGEROUS
BUILDING'. In view of the aforesaid submission made
on behalf of the Corporation, the learned Judge
disposed of the writ petition without passing any order
thereon. Being aggrieved, the writ petitioner is before
us by way of this appeal.
The appellant has annexed to the memorandum
of appeal what she claims to be recent photographs of
the building in question. The photographs are
alarming. The Corporation, however, says that the
building is in a good condition. An inspection report
signed by three officers of the Corporation on February
20, 2023 has been filed in Court to that effect. Let the
same be taken on record.
Learned advocate for the appellant says that the
inspection report is not correct. Any independent
person may be engaged to inspect the building in
question and file a report regarding the condition of
the building, at the cost of the appellant.
If the photographs annexed to the memorandum
of appeal depict the true condition of the building,
then there is cause for concern.
Accordingly, we request the Registrar, Original
Side, to appoint an empanelled civil engineer of this
Court, to inspect the building in question and file a
report as regards the condition thereof along with
photographs. The inspection will be held upon notice
to the Executive Engineer, Borough-V, Kolkata
Municipal Corporation, the appellant herein and the
owners being respondent nos.6 to 9. The Corporation,
the appellant and the owners will render full
cooperation to the engineer to carry out this order.
The report to be filed before us will specifically mention
as to whether or not, immediate repairs to the building
are required, and if so, to what extent.
Learned engineer will be entitled to a
remuneration of Rs.30,000/- to be paid by the
appellant at the first instance.
List the matter next on March 14, 2023, when
the learned engineer will file his report in Court.
If the learned engineer deems it necessary, he
may request the Officer-in-Charge of the Narkeldanga
Police Station to deploy police personnel at the locale
during the time of inspection. If the Officer-in-Charge
is so requested, he shall render all cooperation.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)
