Calcutta High CourtMd Rafique Purkait & Ors vs Kolkata Municipal Corporation & Ors on 18 February, 2021Author:Ravi Krishan KapurBench:Ravi Krishan KapurOD-4\n                               WPO 568 of 2017\n                      IN THE HIGH COURT AT CALCUTTA\n                        Constitutional Writ Jurisdiction\n                               ORIGINAL SIDE\n\n\n\n\n                       MD RAFIQUE PURKAIT & ORS\n                                  VS\n                  KOLKATA MUNICIPAL CORPORATION & ORS\n\n\n\n  BEFORE:\n  The Hon'ble JUSTICE RAVI KRISHAN KAPUR\n  Date : 18th February, 2021.\n\n\n\n                                                                           Appearance:\n                                                               Mr. Mainak Bose, Adv.\n                                                           Mr. Sarathi Dasgupta,Adv.\n                                                                  Mr. Arijit Basu, Adv.\n                                                              Mr. Asit Kr. Hazra, Adv.\n                                                          Mr. Mrinal Kanti Maity, Adv.\n                                                                       ...for petitioner.\n\n                                                             Mr. Alak Kr. Ghosh, Adv.\n                                                        Mr. Swapan Kr. Debnath, Adv.\n                                                                         ...for K..M.C.\n\n\n\n\n          The Court : The grievance of the petitioner is directed against the\n\ndemolition notice dated 6th September, 2017 (Annexure P6 at page 127 of the\n\npetition). The only submission made on behalf of the petitioner is that in respect\n\nof the very same premises the respondent Corporation had issued a notice on11th March, 2017 (Annexure P5 at 126 of the writ petition). In this background,\n\nthe petitioner attempts to highlight the absurdity of the Corporation in issuing2two separate notices dated 11th March, 2017 and 6th September, 2017\n\nrespectively for demolition of the very same premises. It is contended on behalf of\n\nthe petitioner that he cannot be prejudiced twice in respect of the very same\n\npremises and the proposed demolition to be carried out by the Corporation is\n\nunlawful.Mr. Alak Kr. Ghosh appearing on behalf of the Corporation submits that if\n\nthe Corporation had already demolished and carried out the demolition order\n\ndated 11th March, 2017, there would be no question of demolition of the subject\n\npremises again. He further submits that the very same demolition order dated\n\n14th December, 2002 has been sought to be implemented in respect of both the\n\ndemolition notices appearing at annexure P5 and P6 to the petition. In this\n\nbackground, he submits that the Corporation is not prejudicing the petitioner\n\ntwice but is in fact carrying out the original order of demolition dated 14th\n\nDecember, 2002.I have heard the parties. I have also considered the pleadings filed on their\n\nbehalf.I find from both the order dated 11th March, 2017 and 6th September, 2017\n\nthat the original demolition order dated 14th December, 2002 is sought to be\n\ncarried out and implemented by the respondent Corporation. There can be no\n\nquestion of the petitioner being prejudiced twice. If the demolition order dated\n\n14th December, 2002 had not been carried out by the notice dated 11th March,\n\n2017 then the same will be positively implemented by the second order dated 6th\n\nSeptember, 2017. In any event, it is the original demolition order dated 14th3December, 2002 which is sought to be implemented by the Corporation and this\n\nin my view must be implemented.In view of this submissions of the parties, nothing else survives in this writ\n\npetition. WP No. 568 of 2017 is disposed of with a direction on the respondent\n\nCorporation to carry out and fully implement the demolition order dated 14th\n\nDecember, 2002.(RAVI KRISHAN KAPUR, J.)\nSK.