This appeal is directed against a judgment and order dated December 23, 2022, whereby the appellant’s writ petition being WPA 27233 of 2022 was dismissed.

It appears that premises no. 1N, Sapgachi, 1st Lane, Kolkata-39 is a joint property of the appellant/writ petitioner and the private respondents.

A partition suit is admittedly pending in the relevant Civil Court at the instance of the private respondents herein. There is also an order of status quo passed by the learned Civil Judge in that suit.

It appears that a complaint was received by the Kolkata Municipal Corporation (K.M.C.) on February 22, 2013, from some of the private respondents herein, to the effect that the appellant/writ petitioner and one other person had made unauthorized construction at the premises referred to above.

On the basis of such complaint, the Deputy Chief Engineer (Building)/South, K.M.C., initiated Demolition Case no. D/VII/2013-14 against the appellant herein and the said other person by the name of Md. Salahuddin.

Such proceedings culminated in an order of demolition dated December 10, 2013. The persons responsible were called upon to demolish the unauthorized construction within fifteen days from the date of communication of the demolition order, failing which, the K.M.C. authority was to demolish the same at the risk and cost of the persons responsible.

This order was carried in appeal by the appellant herein and Md. Salahuddin before the Municipal Building Tribunal by way of B.T. Appeal No.133 of 2013. The appeal unfortunately was kept pending for about nine years. This is most unfortunate.

By an order dated June 24, 2022, the appeal was dismissed on contest and the demolition order was affirmed.

2 Being aggrieved by the order of the Tribunal, the writ petitioner approached the learned Single Judge in the present round of litigation.

The learned Single Judge noticed that pursuant to the order of the Tribunal, a notice under Sections 544 and 546 of the K.M.C. Act 1982 had been issued.

The learned Judge recorded the submission made on behalf of the petitioner that the structure in question has been there for a considerable period of time. It is a factory-shed and several workers are working thereat. Livelihood of several workers would be jeopardized if the demolition order was carried out.

The learned Judge noticed that the extent of unauthorized construction was 1063.47 sq.mts.

approximately.

The learned Judge dismissed the writ petition with the following observations :-

“The order of demolition was passed way back in the year 2013 but till date the same could not be executed as the appeal was pending consideration before the Municipal Building Tribunal.

The Tribunal heard the matter in details and as such, the submission of the petitioner that fair opportunity was not given to the petitioner to defend the construction cannot be accepted.

Construction made unauthorizedly, suffering an order of 3 demolition, ought not to stand any further.

It has been submitted that there is an order of injunction passed by the Learned Civil Court in respect of the selfsame structure.

The order of injunction cannot be made applicable and bind any structure which is unauthorized and suffering an order of demolition passed by the Corporation, affirmed by the Municipal Building Tribunal.

Even though the structure is in existence for a long period, the same cannot be ratified by way of passage of time. As the respondent authority has come to a conclusive finding that the structure is unauthorized and the said finding has been affirmed by the Tribunal, accordingly, the unauthorized structure is liable to be demolished immediately.

The instruction provided by the engineers of the Corporation reveals that part demolition has been conducted but there are still some portions which cannot be demolished as it is occupied. The men and agents of the Kolkata Municipal Corporation will be at liberty to seek assistance from the jurisdictional police station for executing the order of demolition

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