BINDESWARI DUBEY Vs. LAKHU DUBEY & ANR

JUDGEMENT

(1.) The Court : By consent of the parties the appeal is treated as on day's list and taken up for consideration along with the application for stay. The instant appeal arises out of a judgment and order dated 28th April, 2017 passed by the learned Single Judge in W.P. No. 85 of 2014 (Lakhu Dubey vs. The Kolkata Municipal Corporation & Ors.). The appellant before us was the private respondent in the writ proceedings. It is evident that the judgment was rendered by the learned Single Judge after hearing the writ petitioner as well as the Kolkata Municipal Corporation extensively for at least twelve days. The appellant herein however remained unrepresented when the judgment was pronounced. Be that as it may, in an Intra Court Mandamus Appeal, no interference is usually warranted unless palpable infirmities or perversities are noticed. A plain reading of the impugned judgment and order reveals that the learned Single Judge extensively dealt with the issues and disposed of the writ petition upon directing the Municipal Commissioner to demolish all unauthorised constructions at premises No. 15, Kali Temple Road, Kolkata 700026, in terms of a direction of the Special Officer (Building) dated 6th September, 1983 passed in a demolition case which originated in the year 1972-73.

(2.) Not only it is patently evident that the appeal has been preferred only to thwart a demolition process initiated in the year 1972-73, which ought to have been completed decades ago, it is also palpably clear that by stalling the process for an indefinite period till the appeal is finally disposed of will tantamount to allowing illegal and unauthorised constructions to remain in place for an indefinite period of time. This is neither desirable nor permissible.

(3.) For reasons stated above, the appeal and the application are liable to be dismissed with costs and are accordingly dismissed with costs assessed at 300 GMs. Such costs has to be deposited within a week with the State Legal Services Authority, West Bengal, for being kept earmarked for its utilisation by the Mediation and Conciliation Committee of this Court.