Mehatabali @ Mehatab Ali Molla vs Mr. Dulal Das & Anr
2023 Latest Caselaw 3614 Cal

    23.
19-05-2023

debajyoti (Ct. no.06) CPAN 633 of 2023 in MAT 1425 of 2022

Mehatabali @ Mehatab Ali Molla Vs.

Mr. Dulal Das & Anr.

Mrs. Pampa Dey Dhabal, Mr. Nikhil Kumar Gupta ... For the Petitioner.

Mr. Raghunath Chakraborty ... For the alleged Contemnors.

CPAN 633 of 2023 has been taken out alleging wilful violation of a judgment and order dated September 02, 2022, whereby MAT 1425 of 2022 along with the connected application as also the writ petition being WPA 5881 of 2020 were disposed of.

The operative portion of the order in question reads as follows:

" We are not impressed with the explanation furnished for not preferring appeal against the demolition order for so long. However, taking a lenient view and for the ends of justice, we grant time to the appellant till the end of November, 2022 to either obtain a stay order or have the demolition order set aside by the appellate forum. Till the end of November, 2022, no coercive step will be taken by the Municipality against the property in question. it is made clear that if by the end of November, 2022, the appellant is unable to obtain a stay order or have the demolition order set aside, the Municipality shall immediately implement the demolition order and the Officer-in-Charge of the Maheshtala Police Station shall extend all co-operation to the Municipality for implementation of the demolition order. "

The petitioner contends that the Municipality has not taken steps for demolition of the unauthorized construction in terms of the aforesaid order.

Mr. Raghunath Chakraborty, learned advocate, has appeared for the alleged contemnors. Let a copy of the contempt petition be made available to him. He says that he is authorized to accept service. Mr. Chakraborty says that he will obtain instruction and come back.

Let the matter be listed again on June 22, 2023. If the Municipality in the meantime complies with the order, a compliance report shall be filed on the next date.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)