The court affirmed the right of the petitioners to rehabilitate after the demolition, balancing public safety with their occupancy claims as per the Kolkata Municipal Corporation Act.

JUDGMENT :

Saugata Bhattacharyya, J.

1. The writ petition is finally taken up for consideration pursuant to the order dated 15th September, 2023 when a report signed by the Executive Engineer (Civil)/Building, Borough No.-IV & V on 11th October, 2023 enclosing notice dated 5th October, 2023 issued to the petitioners and attendance sheet dated 9th October, 2023 as well as the sketch plan is filed before this Court which is taken on record.

2. The learned advocate representing the Kolkata Municipal Corporation has indicated the portions which are occupied by the petitioners at 3, Amratala Lane, Ward No. 042, Borough-V.

3. However, Mr. Aniruddha Chatterjee, learned Counsel representing the petitioners has disputed the demarcation made by the concerned authority of Kolkata Municipal Corporation as depicted in the sketch map which is annexed to the report dated 11th October, 2023 and it has been specifically submitted before this Court on behalf of the petitioners that apart from the demarcated portions in terms of the said sketch map annexed to the report of the Kolkata Municipal Corporation dated 11th October, 2023 other portions of the aforesaid premises are also occupied by the petitioners. In support of such contention the sketch map is filed before this Court on behalf of the petitioners which is also taken on record.

4. A notice under Section 411 (4) of the Kolkata Municipal Corporation Act, 1980 was issued far back on 2nd March, 2017 wherefrom it appears that the portion of premises no. 3, Amratala Lane, Ward No. 042 was found to be in dilapidated condition and as such the said portion needs to be demolished for the safety of lives and properties of the adjoining premises and public in general. Accordingly, one M/s. Bijoy Kr. Enterprise was engaged as the demolition contractor for the said demolition work as per decision of the concerned authority of Kolkata Municipal Corporation. Such demolition work was to commence on and from 3rd March, 2017. The said notice under Section 411 (4) is under challenge in the present writ petition.

5. However, after hearing the learned advocates representing the parties it appears that the impugned notice dated 2nd March, 2017 could not be given effect to in view of interim order passed by a coordinate Bench in this writ petition on 5th November, 2018. On extensive hearing of the parties this Court by passing order dated 15th September, 2023 directed the Executive Engineer (Building) of Kolkata Municipal Corporation to inspect the aforesaid premises on issuing notice to the petitioners and respondent no. 7 with the help of the surveyor of Kolkata Municipal Corporation for demarcating portions of the petitioners presently occupied and to submit a report. A report has been submitted today dated 11th October, 2023 and by taking measurement in presence of the petitioners portions have been indicated in the sketch map which according to corporation are presently occupied by the petitioners. However, dispute has been raised against such report with regard to the demarcation of portions of the petitioners as occupied presently.

6. As it has already been held in the order dated 15th September, 2023 passed by this Court in this writ petition that the legality of the impugned notice under Section 411 (4) may not be delved into in view of the order passed by a coordinate Bench on 12th December, 2017 in a writ petition being WPA 9154 of 2017, in the said writ petition on the impugned notice under Section 411 (4) dated 2nd March, 2017 following observation was made by the coordinate Bench:-

“Having heard the learned Advocates appearing on behalf of the res