LAWS(CAL)-2018-1-165

RATNA GHOSH & ORS Vs. KHALIL AHMED

Decided On January 16, 2018
Ratna Ghosh And Ors Appellant
V/S
KHALIL AHMED Respondents

JUDGEMENT

(1.) Today Mr. Chakraborty, learned Counsel appearing for the petitioners submits that his clients have secured the portion of the building in the ground floor which is in their occupation by making necessary repairs. This was done upon obtaining a report from the Jadavpur Ubniversity. As on the basis of their report the repair work has already been carried out, no further direction is necessary on Jadavpur University. Now, the Kolkata Municipal Corporation is required to carry out the order of this Court passed on 20th February, 2015. Mr. Banerjee, learned Counsel appearing for the Kolkata Municipal Corporation submits that the duty for demolition of dilapidated structure primarily rests of the owner of the building. But the Corporation also retains its power under Section 29(k) of the Kolkata Municipal Corporation Act, 1980 for undertaking such work.

(2.) Ms. Mookherji, learned Counsel appearing on behalf of the owners of the building submits that her clients are willing to bear the costs of such demolition, as directed by this Court in the order dated 20th February, 2015. Let the remaining part of the order passed on 20th February, 2015 be carried out.

(3.) This matter shall be listed again on 5th March, 2018 at 1 p.m.