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2017 DIGILAW 916 (CAL)

Bengal Bonded Warehouse Ltd. v. Morris Baflour

2017-11-24

ANIRUDDHA BOSE, ARINDAM SINHA

body2017
JUDGMENT : 1. We have taken note of two reports of Jadavpur University appearing at pages 500 and 511 of the stay petition registered as CAN No.9918 of 2017 in M.A.T.1755 of 2017 (Bengal Bonded Ware House Limited Vs. Morris Balfour And Co. & Ors.). We have also gone through the report of the learned Special Officer, which is at page 564 of the stay petition. 2. Before proceeding further with hearing of these appeals, we request the Department of Construction Engineering Jadavpur University to apprise us by a report on stability of the building at 27, N.S. Bose Road. In particular, we wish to be apprised of the position if the urgent repair as directed by the order of the learned First Court in relation to building no.27, N.S. Bose Road is carried out, whether the expert body of the University would alter their position to the extent the same recommended demolition of that building. In course of hearing today, our notice was brought to the following portion of the order dated 22nd September, 2017:- “The interim order shall not be operative in respect of this portion also but if any one takes any step to break down this portion, the same shall be done without in any manner affecting all other portions of the said premises. The occupants of 27, N.S. Bose Road and in particular the writ petitioners shall be at liberty to repair such portions of the said building which requires urgent repair at their own cost in consultation with K.M.C.. This will, however, not create any extra right or equity in their favour. If the protruding verandah referred above is repairable and is repaired by the writ petitioners at their own cost in consultation with the K.M.C., it may not be necessary to break down the same. The writ petitioners must keep in their mind that the safety of people is of paramount importance and life or limbs cannot be put at any kind of risk.” The report shall be produced before this Court on 1st December, 2017. 3. Let no repair work be carried on till December 2017, as we find the order was passed on 22nd September, 2017 and there is no material before us to show anything was done during this period. 4. 3. Let no repair work be carried on till December 2017, as we find the order was passed on 22nd September, 2017 and there is no material before us to show anything was done during this period. 4. At the time of hearing of these appeals, one lady, representing her self to be Shyamali Das, a grand daughter-in-law of Rani Rashmoni claimed that she has stake on the land on which the subject buildings stand. We are not testing the legality of ownership of the lands in these appeals. We however give liberty to her to file an application, as prayed for by her. 5. Department to Communicate this order to the Jadavpur University forthwith. Let these matters appear in the list on 1st December, 2017 at 10.30 A.M.