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Try out our Premium Member services -- Free for one month.\n\nCalcutta High Court\nBhanu Sonkar & Anr vs Kolkata Municipal Corporation & ... on 9 August, 2023OD-2\n                                     ORDER SHEET\n                                  WPO No.1486 of 2023\n                           IN THE HIGH COURT AT CALCUTTA\n                              Constitutional Writ Jurisdiction\n                                     ORIGINAL SIDE\n\n\n                              BHANU SONKAR & ANR.\n                                    -Versus-\n                              KOLKATA MUNICIPAL CORPORATION & ORS.\n    BEFORE:\n The Hon'ble JUSTICE AMRITA SINHA\n  Date:9th August, 2023.\n                                                                       Appearance:\n\n                                                                 Mr. Nilay Sengupta, Adv.\n                                                                 Mr. Sujit Banerjee, Adv.\n                                                                             ...for Petitioners.\n\n                                                                 Mr. Gurudas Mitra, Adv.\n                                                                 Mr. Jayanta Kr. Dhar, Adv.\n                                                                                 ...for KMC.\n\n                                                                  Mr. Srijib Chakraborty, Adv.\n                                                                  Mr. Sumitava Chakraborty, Adv.\n                                                                      ...for Respondent Nos.6 & 7.\n       The Court:-The instant writ petition is in respect of premises no.12,\n\nGoenka Lane, Ward No.23, Borough-IV under jurisdiction of the Kolkata\n\nMunicipal Corporation.\n\n       The petitioners claim to be tenants of the subject premises. A suit is\n\npending consideration between the landlords and the tenants being Title\n\nSuit No. 56 of 2023 wherein a written objection has been filed on behalf of\n\nthe landlords mentioning that the plaintiffs, i.e. the petitioners herein are\n\nthe tenants in respect of two rooms, one is in the ground floor and another\n\nis on the first floor. The defendants decided to demolish the existing\n\nstructure in order to raise a multi storied building over there. The\n\ndefendants are ready and willing to restore the possession of the plaintiffs\n\nafter construction of the said premises.\n\n       A building plan has been sanctioned for raising construction but in\n\nview of the objection raised by the petitioners, the Special Municipal\n\nCommissioner of the Kolkata Municipal Corporation by an order dated 4th\n\nMay, 2023 signed on 10th May, 2023 directed the sanctioned plan to be\n                                    2\n\n\n\nkept suspended and to be revoked or revised by inserting the names of the\n\nwrit petitioners as occupiers/ tenants, as the case may be, on the basis of\n\nfinal outcome of the title suit. The condition of the existing building being\n\nold and dilapidated, the private respondents, i.e., the landlords herein were\n\nallowed to demolish the said dangerous, old and dilapidated structure.\n\n     The petitioners being aggrieved by the said order filed a writ petition\n\nbefore this Court being WPO No.1306 of 2023 which stood dismissed on\n\n27th June, 2023. The order of dismissal was carrying in appeal by the\n\npetitioners herein in APO No.94 of 2023 with WPO 1306 of 2023 and IA\n\nNO:GA/1/2023 and by order dated 2nd August, 2023 the Hon'ble Division\n\nBench was pleased to dismiss the appeal and the connected application.\n\n     The Appeal Court was, however, of the opinion that a substantial\n\nportion of the building has already been demolished and it is imperative\n\nthat the appellants do vacate the premises at the earliest to enable\n\ndemolition thereof.\n\n     The Hon'ble Division Bench reiterated that in the event the appellants\n\nsucceed in the civil suit pending before the learned City Civil Court, the\n\nnames of the appellants will be incorporated in the sanctioned building\n\nplan and they will be rehabilitated in the reconstructed building, in\n\naccordance with law.\n\n     The Hon'ble Division Bench was pleased to record that if the\n\nappellants are aggrieved by the order passed under Section 412A of the\n\nKMC Act, 1980 and if they are entitled to challenge the same in accordance\n\nwith law, they can always do so.\n\n     Relying on the aforesaid observation of the Hon'ble Division Bench,\n\nthe instant writ petition has been filed.\n                                     3\n      The petitioners pray for a direction upon the respondents, inter alia,\n\nto set aside and quash the order passed by the Deputy Chief Engineer\n\n(Civil)/Building/North   of   the       Kolkata   Municipal   Corporation   dated\n\n16.03.2023 and to comply with the guidelines as laid down in the office\n\nCircular No.7 of 2021-22 dated 22.11.2021.\n\n     Though the petitioners have challenged the order dated 16.03.2023\n\nbut it appears that thereafter the Special Municipal Commissioner of the\n\nKolkata Municipal Corporation passed an order on 04.05.2023 signed on\n\n10.05.2023 and the said order has been upheld by the Hon'ble Division\n\nBench.\n\n     The Special Municipal Commissioner of the Kolkata Municipal\n\nCorporation as well as the Hon'ble Division Bench was pleased to protect\n\nthe interest of the petitioners by recording that in the event the appellants\n\nsucceed in the civil suit, their names will be incorporated in the sanctioned\n\nbuilding plan and they will be rehabilitated in the reconstructed building.\n\n     The landlords have themselves admitted that the petitioners are the\n\ntenants and the landlords are agreeable to restore the possession of the\n\npetitioners after construction is made.\n\n     Accordingly, at this stage the Court is of the opinion that there is no\n\nrequirement of entertaining the present writ petition.\n\n     Right of the petitioners is very much protected by the order passed in\n\nthe proceedings before this Court and also before the Special Municipal\n\nCommissioner.\n\n     In view of the above, there is no requirement of interfering in the\n\ninstant writ petition. Accordingly, the writ petition fails and is hereby\n\ndismissed.\n                                    4\n       Affidavit of service filed in Court today is taken on record.\n\n       Urgent photostat certified copy of this order, if applied for, be\n\nsupplied to the parties upon compliance of all legal formalities.\n\n\n\n                                                             (AMRITA SINHA, J.)\n\n\n\n\n  nm