Mamata Dolai And Anr vs Ramesh Singh And Anr
2023 Latest Caselaw 1992 Cal

24.03.2023
 KC(17)
                                  F.M.A.T. 95 of 2023
                                 Mamata Dolai and Anr.
                                       -versus-
                                 Ramesh Singh and Anr.
                                         with
                                    CAN 1 of 2023



             Mr. Sounak Bhattacharya,
             Mr. Sumitava Chakraborty,
             Mr. Sounk Mandal.......................For the appellants.

             Mr. Abbas Ibrahim Khan,
             Ms. Meena Shabnam,
             Ms. Ariba Nayeem.......................For the respondents.

We are in a position to dispose of this appeal

today after dispensing with all formalities.

The suit before the learned court below was filed

by respondents/plaintiffs, tenants occupying a portion

of a premises claiming inter alia for an order restraining

demolition of the building. Allegedly the building is very

dilapidated according to the landlord appellants/

defendants and it needs immediate demolition for which

steps have been taken by them under the Kolkata

Municipal Corporation Act, 1980.

By the impugned judgment and order a

temporary injunction has been granted restraining

appellants/defendants from demolishing "the suit

property" and not to disturb the possessory rights of the

respondents/plaintiffs and restraining the appellants/

defendants from changing the nature and character of

the suit property.

Mr. Sounak Bhattacharya, learned advocate very

ably assisted by Mr. Sumitava Chakraborty, learned

advocate for the appellants have made elaborate

submissions particularly that the respondents are

illegal occupants of the premises.

However, we have been shown a judgment and

order of this court in APOT No. 43 of 2023, IA No. GA 1

of 2023, WPO 24 of 2023 (Bhanu Sonkar and Anr. -vs-

Kolkata Municipal Corporation and Ors.), finally

decided on 17th February, 2023 where a coordinate

bench of this court directed that the subject building

shall not be demolished till the conclusion of the

proceedings before the Municipal Commission. Those

proceedings before the Municipal Commissioner are still

pending, we are told.

Meanwhile, the appellants have mooted a

proposal to offer 300 sq. ft. space to the respondents

within two kilometers of the premises to accommodate

them in the event the building is demolished subject to

their establishing their entitlement to the said premises.

In our opinion, in the above facts and

circumstances of the case the learned court below has

rightly passed the impugned judgment and order. We

are not minded to interfere with the same.

However, we direct that hearing of the interim

application be advanced to commence on a date in

April, 2023, upon exchange of affidavits.

To advance the date for filing affidavits either

party shall make an application before the learned court

below by 31st March, 2023 for obtaining suitable

directions. The hearing of the interim application is to

commence by 12th April, 2023 and should be concluded

within eight weeks from that date. The appellants will

be at liberty to make an appropriate application before

the learned court below for rehabilitation of the

respondents in the event the building is demolished.

The appeal and the connected application are

hereby disposed of.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)