AMLANABHA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Respondent Nos. 4 and 5 are monthly tenants under the petitioner in respect of a property situate at 103/1, Basanta Lal Saha Road, P.S. Behala, Kolkata-700 073 (hereafter the said premises). Respondent No.4 is the holder of a licence, under the Drugs and Cosmetics Rules, 1945 (hereafter the said Rules), authorised to manufacture for sale Drugs specified in Schedule-C and C (1) (excluding those specified in Schedule-X). The licence, on renewal by the Licensing Authority, is valid till 26.12.2006.

(2.) Alleging that the respondent Nos. 4 and 5 had been carrying on unauthorised construction in the said premises, the petitioner had approached the Kolkata Municipal Corporation (hereafter the Corporation) with the prayer to initiate appropriate action against them. The Corporation not having acted on the basis of the petitioner's prayer, Writ Petition No. 16602 (W)/05 had been instituted by the petitioner in this Court. By order dated 23.11.2005, the writ petition stood disposed of with a direction upon the Corporation to initiate a proceeding under Section 400 of the Kolkata Municipal Corporation Act and to conclude such proceeding after hearing the petitioner and the respondent Nos. 7 and 8 (respondent Nos. 4 and 5 herein) within the time-frame fixed therein. Till such time determination was made by the Corporation in terms of the said order, the parties were directed to maintain status quo with regard to such construction.

(3.) In compliance with the aforesaid order, a proceeding was initiated by the Corporation under the appropriate law which culminated in an order dated 3.3.06 being passed by the Special Officer (Building) of the Corporation, whereby the respondents 4 and 5 were found responsible for raising unauthorised construction in the said premises and, accordingly, were directed to demolish the same at their own costs and risk within 15 days from date of communication of the order.