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2023 Supreme(Online)(CAL) 9718

CALCUTTA HIGH COURT - APPELLATE SIDE
Apurba Sinha Ray, Arijit Banerjee, JJ
Feroze Ahmed – Appellant
Versus
The Kolkata Municipal Corporation – Respondent


Advocates:
For the Appellants/Petitioners: Md. Sabir Ahmed, Mr. Shuvro Prasun Lahiri, Mr. Biswajit Sarkar, Mr. Dhiman Banerjee
For the Respondents: Mr. Barin Banerjee, Mrs. Sima Chakraborty, Mr. Sumitava Chakraborty

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 da

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