DEBABRATA SEN Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) By consent of the parties, the three appeals are treated as on day's list and taken up for consideration along with the respective connected applications and disposed of as follows: -

(2.) The appeals arise out of a common judgment and order passed by the learned Single Judge on 10th Aug., 2016, in W. P. 22788 (W) of 2015 (ABP Pvt. Limited and Anr. Vs. Kolkata Municipal Corporation and Ors.). Upon perusing the impugned judgment and order, it appears that the same was passed by the learned Single Judge while appreciating the anxiety of the writ petitioners and the inaction on the part of the Kolkata Municipal Corporation to demolish the dilapidated building belonging to the writ petitioner no.1 so that it did not cause any injury or physical harm to anybody - such anxiety being heightened by the very heavy monsoon caused by successive depressions. The learned Single Judge while proceeding to dispose of the writ petition made certain observations and issued such directions, as stated herein below: "I fully appreciate the anxiety of the petitioners and the stand taken by them. After all, an illegal occupant has no right to be rehabilitated if ever any construction is raised by the owners of the plot of land. However, the occupants of the building may create, Mr. Mitra apprehends, an immediate problem for them in demolishing the dilapidated building and it may not be possible for the petitioners to get the building entirely vacated before the work of demolition starts. The Kolkata Municipal Corporation Act, 1980 contains the obligatory duties of the Corporation as provided in Sec. 29 thereof. Sec. 412 of the said Act empowers the Municipal Commissioner to direct any building which in his opinion is in a dangerous condition to be vacated forthwith or within such period as may be specified in the order. It may be mentioned that the building in question has already been declared to be dangerous by the Corporation. I, therefore, direct the Municipal Commissioner, Kolkata Municipal Corporation to get the premises vacated of all the occupants as early as possible considering the condition of the building as well as the onset of the monsoon preferably within a period of four weeks from the date of communication of the order. He shall be at liberty to take the assistance of the law enforcing agency if necessary in order to act in terms of Sec. 412 of the Act. However, the procedure as required to be complied with as provided in Sec. 412 of the Act is to be followed by the Municipal Commissioner. The cost of such police protection, if any, shall be borne by the petitioners. Mr. Mitra has assured the Court that after the premises is vacated the petitioner shall undertake the work of demolition of the building forthwith. With the direction as above, the writ petition is disposed of."

(3.) After the writ petition was disposed of, the three appeals have been preferred by the private respondents claiming to be tenants/occupants of the dilapidated building. In essence, their contention before this Court is that by virtue of the order passed by the learned Single Judge, they are sought to be virtually evicted, since the concerned authority of the Kolkata Municipal Corporation has been directed to get the premises vacated of all the occupants as early as possible, within a period of four weeks from the date of the impugned order considering the condition of the building as well as the onset of monsoon. According to the learned advocates representing the appellants, in view of the mandatory direction given by the learned Single Judge, the Kolkata Municipal Corporation may proceed to demolish the dilapidated building without following due process of law, as provided under the Kolkata Municipal Corporation Act, 1980.