MAGNUM ENTERPRISES Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioner in the present writ petition challenges the order dtd. 6/8/2025 issued by the Executive Engineer (C), Building Department, Borough VII, Kolkata Municipal Corporation (in short KMC), whereby it was communicated that, upon expiry of seven days, KMC officials would proceed to implement the Municipal Commissioners order dtd. 10/6/2025. By the said order dtd. 10/6/2025, the Municipal Commissioner directed the Executive Engineer (C), Building Department, Borough VII to repair/demolish/secure any such portion of the Western Block (Block 2) of premises No.11, Abanindra Nath Thakur Sarani, Kolkata in respect of which notice under Sec. 411(1) of the Kolkata Municipal Corporation Act, 1980 had been issued, if so required for the safety of public and the inmates of the building, and to do so at the expenses of the owner.

(2.) This matter has a chequered history, involving multiple rounds of litigation initiated either at the instance of the landlord or tenant in respect of Western Block (Block 2) of the premises mentioned above.

(3.) Respondent no. 5 is the landlord of the premises, and the petitioner is one of the tenants thereof. An Ejection Suit No.110/2005-E is pending before the Chief Judge, Presidency Small Causes Court, Calcutta.