Sri Ganesh Kanthua @ Kathua & Anr vs The State Of West Bengal & Ors
2023 Latest Caselaw 6885 Cal

01.     09.10.2023
        Court No.6
      .Tanmoy Ghosh

                                        MAT 1340 of 2023

                             Sri Ganesh Kanthua @ Kathua & Anr.
                                            -Versus-
                                The State of West Bengal & Ors.


                          Mr. Sukumar Bhattacharyya, Adv.,
                          Mr. Shyamal Das, Adv.,
                          Ms. Oindrila Chatterjee, Adv.
                                             ...for the appellants.

                          Ms. Noelle Banerjee, Adv.,
                          Ms. Kalpita Paul, Adv.
                                             ...for the State.

                          Mr. Sandipan Banerjee, Adv.,
                          Mr. Ankit Surekha, Adv.,
                          Mr. Sobhan Majumdar, Adv.
                                             ...for the Howrah Municipal
                                              Corporation.

                          Mr. Mrityunjay Chatterjee, Adv.,
                          Mr. T. Hazra, Adv.
                                             ...for the respondent no.4/

writ petitioner.

By a judgment and order dated August 1, 2023,

we had disposed of this appeal and the connected

application. In substance, the respondent no.4/writ

petitioner was directed to complete the work of

demolition of the impugned construction by the end of

September 2023. The said respondent was directed to

file a compliance report with the learned Registrar

General of this Court. The matter was directed to be

listed on October 9, 2023, i.e., today under the heading

"To Be Mentioned" so that the compliance report could

be placed before us by the learned Registrar General.

Accordingly the matter has been listed today.

Learned Advocate for the respondent no.4/writ

petitioner seeks extension of time to complete the

demolition work. Since demolition is not yet complete,

no compliance report has been filed.

We granted two months' time to the respondent

no.4/writ petitioner to demolish the impugned

construction. Had the respondent no.4/writ petitioner

been serious, we are sure she could have completed the

demolition work.

However, for the ends of justice, subject to the

respondent no.4/writ petitioner depositing

Rs.2,00,000/- (Rupees Two Lakh) with the Office of the

learned Registrar General of this Court within a week

from date, we would be willing to extend the time for

demolition by a month. If the demolition is not

completed within the extended time period, the money

deposited by the respondent no.4/writ petitioner shall

stand forfeited and shall be utilized as per our

direction.

Learned Advocate for the respondent no.4/writ

petitioner seeks one day's time to obtain instructions.

List the matter once again on October 10, 2023,

under the same heading.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)