JUDGMENT :

(Arijit Banerjee, J.)

1. These two appeals arise out of the same set of facts and hence have been taken up together for hearing and disposal.

2. The appellant in both the appeals is a tenant in respect of portions of the 2nd and 4th floors of premises No. 138 Cotton Street, Kolkata-700007. The appellant challenged a demolition notice issued by the Kolkata Municipal Corporation (in short ‘KMC’) under Section 411 of the KMC Act, 1980, on August 8, 2016, by filing W.P.O. No. 577 of 2017. The landlord/owner of the said premises, M/S Anndata Developers Pvt. Ltd. (hereinafter referred to as ‘Anndata’) is a party respondent in the writ petition. The appellant herein filed an application in the writ petition being G.A. No. 1 of 2021 alleging that during pendency of the writ petition, the owner of the premises wrongfully demolished a portion of the second floor of the said premises which was under the occupation of the appellant (herein referred to as ‘Arti’). In that application Arti prayed for a direction on Anndata to reconstruct the demolished portion at its cost and restore possession of such reconstructed portion to Arti.

3. The said application was disposed of by a learned Si