In absence of respondent's appearance, court dismissed contempt application and directed corporation to demolish remaining unauthorized construction unless order stayed by competent forum.
Remaining unauthorized construction to be demolished by corporation unless order stayed/varied/vacated/annulled by competent forum.
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.
Item No. 19
23.03.2023 Court. No. 19 GB
CPAN 45 of 2022 In WPA 12352 of 2021
Nazia Rahman Vs Sri Binod Kumar & Anr.
Mr. Alok Kr. Ghosh, Mr. Subhrangsu Panda, Ms. Ina Bhattacharyya
… for the K.M.C.
It appears from the record that the corporation has already demolished a considerable portion of the unauthorized construction with the help of the local police station.
None appears on behalf of the applicant.
Under such circumstances, the contempt application is disposed of with the direction that the remaining portion of the unauthorized construction shall be demolished by the corporation unless the demolition order has either been stayed or varied or vacated or set aside by a competent forum.
The contempt proceedings are dropped.
All the parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)
1 issue framed by the court
Whether the direction for demolition of remaining unauthorized construction should be maintained in absence of respondent's appearance?
1 provisions across 1 enactments
Nazia Rahman
Sri Binod Kumar & Anr.
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
