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2024 Supreme(Cal) 1347

AMRITA SINHA
Madan Gopal Board House Private Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioners: Mr. Biswajit Mukherjee, Adv., Mr. Supratick Shyamal, Adv., Ms. Sabarnee Chatterjee, Adv.
For the Respondents: Mr. Alak Kumar Ghosh, Adv., Mr. Fazlul Haque, Adv., Mr. Dwijadas Chakraborty, Adv.

JUDGMENT :

(Amrita Sinha, J.) :

The petitioner no. 1 is a private limited company and the petitioner no. 2 is the director thereof. The company is a tenant in respect of a godown measuring about 900 sq. ft. approximately in the ground and mezzanine floor of premises no. 9, Antony Bagan Lane under the private respondent nos. 7-9. The tenanted premises is used for commercial purpose.

2. The petitioners claim that after the cyclone Amphan the roof of the godown of the petitioners got severely damaged but due to paucity of funds, the petitioners were not in a position to repair the roof immediately. The petitioners obtained permission from the landlords for repairing the existing roof with concrete slab above the asbestos roof. The petitioners have averred in the writ petition that the old and ruinous asbestos shed were replaced with RCC slab in the ground floor for the purpose of safety from rain and various other natural calamities.

3. The petitioners allege that the men and agents of the Kolkata Municipal Corporation (‘KMC’ for short) visited the subject premises on 2nd January, 2024 and demolished the concrete roof as well as asbestos shed of the godown of the petitioners. The petit

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