Calcutta High Court
5 Noormal Lohia Lane Tenants Welfare ... vs Sri Dhaval Jain And Anr on 24 September, 2024
Author: Arijit Banerjee
Bench: Arijit Banerjee
1
OD -1
ORDER SHEET
CC/122/2023
WITH APO/76/2022
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (CONTEMPT)
ORIGINAL SIDE
15 NOORMAL LOHIA LANE TENANTS WELFARE ASSOCIATION AND ANR.
VS
SRI DHAVAL JAIN AND ANR.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
The Hon'ble JUSTICE RAI CHATTOPADHYAY
Date: 24th September, 2024.
Appearance:
Mr. Debnath Ghosh, Adv.
Mr. Sarosij Dasgupta, Adv.
Mr. Bimalendu Das, Adv.
..For the applicants
Mr. Alak Kr. Ghosh, Adv.
Mr. Swapan Kumar Debnath, Adv.
...For the K.M.C respondent
The Court: Affidavit of service filed in Court, be kept with the records.
The present petitioners had approached a learned Single Judge by filing
WPO No. 2347 of 2022, with a grievance regarding a decision of the Kolkata
Municipal Corporation (in short "K.M.C") declaring the concerned premises as
a dilapidated/condemned building. The writ petition was disposed of by the
learned Judge by an order dated July 20, 2022. The material portion of the
order reads as follows;
"The landlords and the tenants both have relied upon separate reports
from the Structural Engineers. The reports are contradictory to each other.
As it appears from the documents produced before this Court and upon
hearing the submissions made on behalf of the parties that the Kolkata
Municipal Corporation has already issued notice under Section 412A(i) of
the Act, accordingly, the Kolkata Municipal Corporation is directed to
conclude the said proceeding strictly in accordance with aforesaid
provision of law, after giving a reasonable opportunity of hearing to the
owners as well as the tenants/occupiers or their representatives.
Learned Advocate representing the members of the petitioner No. 1
submits that the show cause notice under Section 412A(i) of the Act has
not yet been served upon the occupiers of the said premises. A copy of the
notice issued in favour of the landlords under Section 412A(i) has been
handed over to the learned Advocate representing the petitioners in Court
today. The members of the petitioner No. 1 will be at liberty to respond to
the said notice.
The Kolkata Municipal Corporation shall take necessary steps to act
strictly in accordance with law at the earliest to prevent any untoward
incident."
The present petitioners carried the said order in appeal by filing APO
No.76/2022. This Bench disposed of the appeal by a judgment and order dated
August 22, 2022. We did not interfere with the order under appeal. We merely
clarified certain observations of the learned Single Judge.
Therefore, the order of the learned Single Judge stands and K.M.C has to
conclude the proceedings under Section 412 of the K.M.C Act in terms of the
directions of the learned Single Judge as clarified by this
Bench.
Alleging that K.M.C has not granted a hearing to the petitioners herein
who are occupiers of different portions of the building in question, this
contempt application has been filed.
Today learned Advocates for K.M.C tell us that the order will definitely be
complied with. Some time period may be fixed.
We, accordingly, direct the alleged contemnors to comply with the
learned Single Judge's order as clarified by us, within 3 months from date
after granting due opportunity of hearing to the present petitioners and any
other concerned party. Sufficient notice of hearing should be given to the
petitioners and other concerned parties and they will be entitled to rely on such
documents as they may be advised, before the hearing officer. In other words,
the proceedings must be completed by the end of this year.
Since we have not found any wilful violation of the concerned order on
the part of the alleged contemnors, we close the present contempt proceedings.
Accordingly, CC/122/2023 stands disposed of.
(ARIJIT BANERJEE, J.)
( RAI CHATTOPADHYAY,J.)
KB
