Disposed

Santi Nath Manna v. the Kolkata Municipal Municipal Corporation and Ors.

Calcutta HC20 May 2024WPO/471/2024

Case brief

AI extract

What is this about?

Tenants objected to demolition of a dilapidated building and new construction under a KMC-issued Section 411(1) notice while a title suit on their tenancy was pending. The court permitted demolition and construction per sanctioned plan, subject to tenants' rights being decided by the suit and precautions protecting occupied portions.

What did the court decide?

Permission granted to proceed with demolition and construction as per sanctioned plan without disturbing occupied portions; petition disposed of.

Santi Nath Manna Vs the Kolkata Municipal… — Municipal and Town Planning | Calcutta HC (2024)

¶1

OD- 8

¶2

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE

WPO/471/2024

SANTI NATH MANNA

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

¶7

BEFORE:

¶8

The Hon'ble JUSTICE AMRITA SINHA Date : MAY 20, 2024.

¶9

Mr. Debnath Ganguly, Adv. Mr. Aranya Saha, Adv. Mr. Supriyo Dutta, Adv. ….for Petitioner

¶10

Mr. Srijan Nayak, Adv. Ms. Suranjana Dey Nayak, Adv. ….for KMC

¶11

Mr. Alak Kumar Ghosh, Adv. Mr. Supratik Shyamal, Adv. Ms. Sonali Sengupta, Adv. Ms. Sabarnee Chatterjee, Adv. … for Respondent No.7

¶12

Mr. D. Mukherjee, Adv. (VC) …for State

¶13

The Court : The matter relates to premises Nos. 170A, 170B, 171A and 171B, presently amalgamated as No. 171B, Bidhan Sarani, Ward No.17, Kolkata Municipal Corporation.

¶14

A dilapidated structure is standing thereat. The Corporation has issued notice under Section 411(1) of the Kolkata Municipal Corporation Act,

¶15

¶16

The owner of the subject property has obtained a building sanctioned plan and intends to construct a new building in place and instead of the old one.

¶17

The private respondents claiming themselves to be tenants of the subject structure are objecting to the same. A civil suit being Title Suit No.649 of 2023 is pending consideration before the City Civil Court at Calcutta.

¶18

Photographs of the structure have been annexed to show the ill-health of the structure in question.

¶19

As the private respondents have already approached the civil court for protecting of their tenancy right, accordingly, the right of the private respondents will be subject to the result of the title suit. In the meantime, as the condition of the structure is very dilapidated and it has been reported that portions have already collapsed, accordingly, it will be open for the petitioner to proceed with the demolition work and to raise construction strictly as per the sanctioned plan.

¶20

Learned Advocate representing the petitioner submits, upon instructions, that occupied portion of the private respondents will not be touched at the time of either demolition or construction.

¶21

The petitioner shall take necessary precautions at the time of demolition and construction of the new structure so that the portions occupied by the private respondents are not damaged.

¶22

Report filed by the Executive Engineer (C), (Bldg. dept.)/Br.II/KMC, signed on 18^th May, 2024 and Officer-in-Charge, Burtolla Police Station, signed on 19^th May, 2024 be retained with the records.

¶23

¶24

The writ petition stands disposed of.

¶25

Urgent certified photocopy of this order, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual

¶26

legal formalities.

¶27

(AMRITA SINHA, J.)

¶28

Santi Nath Manna v. the Kolkata Municipal Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

Santi Nath Manna v. the Kolkata Municipal Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Soumyadip Majumdar Vs the Kolkata Municipal Municipal Corporation and Ors.

Nabi Rosul Khokar Vs the Kolkata Municipal Corporation and Ors.

Zamir Khan Vs the State of West Bengal and Ors.

Asim Mondal Vs Krishnendu Mondal Anr. Ors.

Soujit Roy Vs the Administrator, Bally Municipality and Ors.

Falahuddin Haider Vs Kolkata Municipal Municipal Corporation and Ors.