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2024 Supreme(Cal) 280

AMRITA SINHA
Manas Kumar Biswas @ Ashoke Kumar Biswas – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Subir Sanyal, Sakya Sen, Biswajib Ghosh, Sumitava Chakraborty.
For the Respondents: Yash Vardhan Deora, Alak Kumar Ghosh, Subhrangsu Panda, Raghunath Chakraborty.

JUDGMENT :

AMRITA SINHA, J.

1. The petitioner prays for implementation of the order of demolition dated 30th December 2021 passed by the Executive Engineer (Civil)/Building, Borough-III in respect of the construction of approximately 325 sq. mtr. at premises no. 84, Canal Circular Road and premises nos. 76/H/21, 76/H/22 and 76/H/23, Dr. S.C. Banerjee Road (formerly Beliagahta Main Road), Ward-33, Borough-III of the Kolkata Municipal Corporation within five days failing which the Corporation would demolish the same and recover the cost from the persons responsible for making construction. The portion required to be demolished has been specifically demarcated in the order of demolition.

2. It has been submitted that though the time period stipulated in the order of demolition expired long back, but till date the Corporation has not taken any step to demolish the unauthorised construction.

3. The order of demolition has been issued to East City Promoters Pvt. Ltd., Satish Chandra Agarwal, Manas Kumar Biswas (writ petitioner) and Mangal Behari and copy forwarded to Bimal Prasad Sarda (private respondent), Durga Devi Sarda and Gouri Sankar Sarda.

4. Learned advocate representing the private

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