Goutam Samanta & Ors vs Sri Dhaval Jain & Anr
2023 Latest Caselaw 1571 Cal

    18.
02-03-2023
 debajyoti
(Ct. no.06)
                                CPAN 938 of 2022
                                       in
                                 FMA/969/2021

                            Goutam Samanta & Ors.
                                      Vs.
                            Sri Dhaval Jain & Anr.

              Mr. Haradhan Banerjee,
              Mr. Amitava Pain,
              Mr. Subhrangshu Datta
                                             ... For the Petitioners.
              Mr. Sandipan Banerjee,
              Mr. Ankit Sureka,
              Mr. Sobhan Majumder
                                             ... For alleged Contemnors.


                     This contempt application has been filed alleging
              wilful violation of a judgment and order dated November
              11, 2021, whereby FMA 969 of 2021 was disposed of by a
              coordinate Bench.


                     By   the    said    order,   the     Howrah     Municipal
              Corporation was, inter alia, directed to ensure demolition
              of the unauthorized construction raised by the private
              respondent in the appeal.

The appellant has taken out this application alleging that such direction for demolition has still not been carried out. Mr. Banerjee, learned advocate, appearing for the alleged contemnors, says, on instructions, that notice was issued to the Additional Deputy Commissioner of Police, Special Branch, Howrah, yesterday (March 01, 2023), intimating that the demolition will be carried out on March 10, 2023. Request has been made for deployment of adequate police personnel to avoid possible law and order problem. Mr. Banerjee says that he is instructed that the

demolition activities will be completed within three weeks from date.

List this matter on March 23, 2023.

The Additional Deputy Commissioner of Police, Special Branch, Howrah, is directed to render all cooperation and assistance to the Corporation authorities for carrying out the order of demolition and to ensure that the premises in question is vacated by the occupants therein without creating any breach of peace.

A compliance report will be filed by the alleged contemnors on the adjourned date.

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