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SAUGATA BHATTACHARYYA
Md. Wakil Razzaque – Appellant
Versus
Kolkata Municipal Corporation – Respondent
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 petition
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.
The court upheld the principle that extraordinary writ petitions cannot override directives from a higher judicial authority, particularly concerning enforcement of demolition orders under municipal ....
The rights of tenants to repair premises under the Kolkata Municipal Corporation Act must be upheld, and compliance with court directives is essential in decision-making.
The court upheld the legality of amalgamating properties under the Kolkata Municipal Corporation Act for tenant rehabilitation, emphasizing adherence to prescribed statutory procedures.
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