Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nCalcutta High Court\nMd. Ilyas vs Md.Ehtesham Uddin And Ors on 12 September, 2023                                                                           OD-2+3\n\n\n\n                 IN THE HIGH COURT AT CALCUTTA\n                        Civil Appellate Jurisdiction\n                              ORIGINAL SIDE\n\n                             APOT/219/2023\n                                  with\n                             WPO/2176/2022\n                            IA NO.GA/1/2023\n\n                            MD. ILYAS\n                             VERSUS\n                    MD.EHTESHAM UDDIN AND ORS.\n\n                            APOT/221/2023\n                              CC/51/2023\n                            WPO/2176/2022\n                             IA GA/1/2023\n                              MD. ILYAS\n                                 -VS\n                     MD. EHTESHAM UDDIN & ORS.\n\n\n\nBEFORE:\nThe Hon'ble JUSTICE ARIJIT BANERJEE\n                 AND\nThe Hon'ble JUSTICE APURBA SINHA RAY\nDate : 12th September, 2023.\n\n\n                                                               Appearance:\n                                          Mr. Suddhasattaya Banerjee, Adv.\n                                               Mr. Subhrangsu Panda, Adv.\n                                                             ...for appellant.\n                                                           Mr. Arif Ali, Adv.\n                                            Mr. Sarban Bhattacharya, Adv.\n                                                      Mrs. N. S. Alam, Adv.\n                                                Mr. Ranajit Chatterjee, Adv.\n                                                  Ms. Piyali Sengupta, Adv.\n                                                                  For KMC.\n                                                 Mr. Debjit Mukherjee, Adv.\n                                                     Ms. Kalpita Paul, Adv.\n                                                              For the State.\n\n          The Court :     By consent of parties, the appeals and the\n   applications are taken up together for hearing and disposal.\n        Report dated September 11, 2023 filed by the Executive\nEngineer (C)/BLDG/BR-IV & V on behalf of Kolkata Municipal\nCorporation, in terms of our order dated August 22, 2023, be kept\nwith the records.\n       The report is to the effect that the building in question is\ntwo storied. The ground floor of the building is used for commercial\npurpose and the first floor for residential purpose. The entire\nbuilding is unauthorized. The present appellant has been found to\nbe occupying a portion of the first floor of the building.\n       Mr. Ali, learned Advocate for the writ petitioner disputes\nthat it is a two storied building and says that it is a four storied\nbuilding.\n       We are told by Mr. Chatterjee, learned Advocate appearing\nfor the Corporation, that proceedings under Section 400(1) of the\nKolkata Municipal Corporation Act, 1980 were initiated in respect\nof the unauthorized structure. Such proceedings culminated in a\ndemolition order being passed by the concerned Executive\nEngineer (Building). The present appellant has filed a statutory\nappeal against the demolition order before the Municipal Building\nTribunal being BT Appeal No.154/2023 and has also filed an\napplication for interim protection.\n       Having heard learned Counsel for the parties, we are of the\nview that the application for interim order that has been filed by\nthe present appellant in the statutory appeal should be disposed of\nexpeditiously and till such time, no coercive steps should be taken\nagainst the impugned construction.\n       Accordingly, we direct the Municipal Building Tribunal to\ndispose of the application for interim relief filed by the present\nappellant in BT Appeal No.154/2023 within a period of three\nmonths from the date of a copy of this order being placed before\nthe Tribunal.\n        The present writ petitioner is added as a party respondent\nin the statutory appeal pending before the Municipal Building\nTribunal. The present appellant shall take all necessary steps for\namending the appeal papers to bring on record the present writ\npetitioner, who will be given full opportunity of participating in the\nappeal.\n       Till the application for interim relief that has been filed in\nthe statutory appeal is disposed of, no coercive steps shall be taken\nin respect of the impugned construction. The time period of three\nmonths granted hereby is peremptory and is to be strictly adhered\nto by all concerned. Parties including the present appellant and the\nwrit petitioner shall not obtain unnecessary adjournments and\nshall cooperate in all possible manner to enable the Tribunal to\ndispose of the application for interim relief within three months\nfrom the date of communication of this order as indicated above.\n       We make it clear that we have not gone into the merits of\nthe case. The Tribunal shall decide the application for interim relief\nas well as the appeal in accordance with law, uninfluenced by any\nobservation made either in this order or in the order of the learned\nSingle Judge, which is impugned in the present appeal.\n       The impugned order is set aside.\n       Both the appeal and the application are disposed of\naccordingly.\n       Since we have not called for affidavits, the allegations made\nin the application are deemed not to have been admitted by the\nrespondents.\n\n                               [ARIJIT BANERJEE, J.]\n\n\n\n                               [APURBA SINHA RAY, J.]\ndg/