MD. SALAUDDIN Vs. GORACHAND MONDAL

JUDGEMENT

(1.) THIS application for contempt is for violation of an order dated 25th August, 2006 passed by His Lordship Jyotirmoy Bhattacharya whereby the authorities of Kolkata Municipal Corporation were restrained from demolishing any part of premises No.8E, Dent Mission Road, Kolkata, hereinafter referred to as 'disputed premises'. The case has a checkered history and there have been diverse proceedings in this Court and diverse orders in connection with demolition of alleged unauthorized construction at premises No.28, Karl Marx Sarani, Kolkata.

(2.) FROM the pleadings as also the submissions made on behalf of the respective parties, it appears that 28, Karl Marx Sarani, Kolkata is adjacent to premises No.8E, Dent Mission Road, Kolkata. The question before this Court is, whether the respondents were deliberately under the garb of removal of unauthorized construction at premises No.28, Karl Marx Sarani, Kolkata, demolishing and/or trying to demolish the building at premises No.8E Dent Mission Road, Kolkata. Writ petition No.1170 of 2006 was filed by the petitioners who claim to be the owners of premises No.8E, Dent Mission Road, Kolkata, seeking protective orders restraining the authorities of Kolkata Municipal Corporation from demolishing 8E, Dent Mission Road, Kolkata or any part thereof. After the order dated 26th August 2006, of which violation has been alleged, was passed, the authorities of Kolkata Municipal Corporation filed an application being G.A. No.330 of 2006 seeking modification of the said order by allowing the said authorities to remove the boundary wall at the entrance of 8E, Dent Mission Road, Kolkata. The said application is still pending.

(3.) PURSUANT to the order dated 21st December, 2011, the learned Special Officer visited the locale upon notice to all the parties and filed his report along with photographs. In the report it was stated that the building which had been demolished was the building at No.8E, Dent Mission Road, Kolkata. On 4th January, 2012 this Court issued a rule of contempt against the contemnor Nos.2 and 3. The said contemnor respondents have filed their affidavit -in -opposition to which the petitioners have filed a reply. The alleged contemnors have also filed an affidavit taking exception to the report of the learned Special Officer and the petitioner has filed his reply thereto. The order of demolition was in respect of Premises No.28 Karl Marx Sarani, Kolkata. There was also an order of the Special Officer (Building), Kolkata Municipal Corporation dated 16th January, 1986 directing that no part of the building No.8E, Dent Mission Road, Kolkata be demolished without notice to the owner.