Court granted a stay on demolition action by the Kolkata Municipal Corporation for six weeks pending appellate proceedings under Article 226 of the Constitution of India without deciding merits.
Stay is granted on demolition proceedings for a period of six weeks. Liberty granted to approach appellate authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
OD-4
ORDER SHEET
WPO/1232/2021
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE
SRI DEBABRATA ROY AND ORS. -VS-
THE KOLKATA MUNICIPAL CORPORATION AND ORS.
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date : 06th December, 2021.
[Via video conference]
Appearance Mr. Pran Gopal Das, Adv. …for the petitioners Mr. Nayan Chand Bihani, Adv. Mr. Manisha Nath, Adv. …for KMC
The Court : Affidavit-of-service filed in Court today is taken on record.
As the order impugned before this court is an appealable order, the petitioner is granted liberty to prefer an appeal against the order of demolition issued by the Executive Engineer (C), Building Department, in accordance with law.
The petitioner shall also be entitled to pray for interim orders if grounds exist, which shall be considered in accordance with law by the tribunal.
2
The Kolkata Municipal Corporation shall not take any steps with regard to the alleged demolition for a period of six weeks from date. Thereafter, the Corporation shall act and proceed on the basis of the orders passed by the appellate forum. This Court has not entered into the merits of the claims of the parties.
The writ petition is, thus, disposed of. There shall be no order as to
costs.
Parties are to act on the server copy of this order.
(SHAMPA SARKAR, J.)
sp3
1 provisions across 1 enactments
Debabrata Roy and Ors.
Kolkata Municipal Corporation and Ors.
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
