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2025 Supreme(Online)(Cal) 2718

CALCUTTA HIGH COURT
Gaurang Kanth, J
Sujoy Saha & Ors. – Appellant
Versus
The Kolkata Municipal Corporation & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anjan Bhattacharya, Mr. S. A. Jainal, Mr. Shahan Shah
For the Respondents: Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee

1. The petitioners in the present writ petition are aggrieved by a demolition order issued by the respondent, Kolkata Municipal Corporation, in respect of Premises No. 49/1/A (also referred to as 49A), Surya Sen Street, P.O. & P.S. Amherst Street, Kolkata. The demolition has been ordered on the ground that the said building is dangerous.

2. The petitioners contend that they are longstanding tenants of the said premises. It is their case that the building is structurally sound and that the respondent- Corporation, allegedly at the instance of private respondent nos. 12 to 14, has declared the building to be dangerous. A signboard has been affixed in front of the premises stating that the building is dangerous, which, according to the petitioners, is being used by the private respondents as a pretext to forcibly evict the tenants without following due process of law.

3. The respondent, Kolkata Municipal Corporation, has filed an affidavit-in-opposition stating that a proper inspection was conducted, and a detailed note sheet was prepared prior to the issuance of a notice under Section 411 of the Kolkata Municipal Corporation Act, 1980 . A notice under Section 411 (1) of the said Act

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