EMAMUDDIN Vs. CALCUTTA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioners had been making representation to the Corporation for demolishing of their building which according to them is in a dangerous condition and may collapse at any moment. The Municipal Authorities had issued a notice under section 411 of the Calcutta Municipal Corporation Act, 1980 directing the owners to demolish the said building. The petitioners has admitted that a part of the building has since been demolished by the Corporation, but they want the rest of the building may also be domilished. Learned counsel for the petitioners points out from annexure 'C' that the Corporation in the Notice had mentioned that in case the petitioners fail to comply with notice under section 411 in that event, the Corporation will execute the work of demolition. Therefore by means of this petition, the petitioners pray that the Corporation may be directed to demolish the building since the petitioners had failed to comply with the direction as contained in the notice under section 411.

(2.) Mr. Gour Roy Chowdhury, learned counsel for the Corporation, on the other hand, contends that if the petitioners seek the building to be demolished by the Corporation, in that event they must deposit the requisit fees as condition precedent for undertaking demolition. That apart, according to him the building is occupied by various other people who are resisting demolition and they are also claiming certain rights. The occupants of the building, on the other hand, are making certain unauthorised repairs.

(3.) After hearing the parties, it appears that there may be certain disputes between the landlords and the occupants of the building. It is not proper to keep the Corporation involved in private litigation. If there is any resistence or if there is any repair or construction made by the occupants of the building, it is open to the landlord to take appropriate steps before any competent forum or Civil Court. It is only if the building is found to be vacant then only the Corporation can demolish without entering into any disputes. However, if it is in the opinion of the Corporation that the building is to be demolished, then it is open to the petitioners to keep the building vacant.