Calcutta High CourtJohn Rai And Another vs The Kolkata Municipal Corporation And ... on 11 December, 2023Author:Arijit BanerjeeBench:Arijit BanerjeeOD-4\n              IN THE HIGH COURT AT CALCUTTA\n               CIVIL APPELLATE JURISDICTION\n                       ORIGINAL SIDE\n                            APOT/363/2023\n                         [WITH WPO/393/2023]\n                           IA NO. GA/2/2023\n                       JOHN RAI AND ANOTHER\n                                  VS\n            THE KOLKATA MUNICIPAL CORPORATION AND ORS.\n\nBEFORE:\nThe Hon'ble JUSTICE ARIJIT BANERJEE\nThe Hon'ble JUSTICE M.V. MURALIDARAN\nDate : 11th December, 2023.\n                                                                    Appearance:\n                                                Mr. Nilanjan Bhattacharjee, Adv.\n                                                           Mr. Brajesh Jha, Adv.\n                                                          Mr. Arpan Guha, Adv.\n                                                          Ms. Megha Datta, Adv.\n                                                           Mr. Saikat Dey, Adv.\n                                                              For the appellants.\n                                                   Mr. Gopal Chandra Das, Adv.\n                                                Mr. Dwijadas Chakraborty, Adv.\n                                                                  ......for KMC.\n                                               Mr. Sirsanya Bandopadhyay, Adv.\n                                                      Mr. Arka Kumar Nag, Adv.\n                                                                    For the State\n                                                    Mr. Arindam Banerjee, Adv.\n                                                     Mr. Sourojit Dasgupta, Adv.\n                                                 Mr. Ashis Kr. Mukherjee, Adv.\n                                                             Mr. S. Prasad, Adv.\n                                                    For respondent nos. 7 and 8..\n\n\n        The Court:- Mr. Arka Kumar Nag, learned Advocate\n\nappearing for the State says that he needs to discuss with the\n\ncompetent officer in the Home Department, the ways and\n\nmeans of implementing the order of the learned single Judge,\n\nif the Division Bench upholds that order. He candidly submits\n\non instruction that religious sentiments are involved and there\n\nis distinct possibility of breach of law and order if the temple\n\nin question is sought to be demolished.\n                                 2Kolkata       Municipal           Corporation Act, 1980does not permit construction of any structure on public road.Sections 372and373of the said Act may be referred to. The\n\nlaw is not different for religious and non-religious structures.\n\nIf the temple in question has been put up violating provisions\n\nof law, and if the same is not protected by the order of the\n\nHon'ble Supreme Court which the appellant relied on, then the\n\nstructure has to be dismantled. It is upto the Home\n\nDepartment of the Government to suggest in what manner\n\nsuch demolition plan should be executed so as to minimise the\n\npossibility of law and order problem. Let a report in that\n\nregard be placed before us by Mr. Nag on the next date.\n\n        List the matter once again on January 9, 2024.\n\n        The interim order that was continuing and which\n\nexpired by efflux of time on December 8, 2023, shall stand\n\nreinstated and shall continue till January 20, 2024, or until\n\nfurther order whichever is earlier.\n\n.(ARIJIT BANERJEE, J)\n\n\n\n\n                                  (M.V. MURALIDARAN, J.)\n\ndg/