Chandrasekhar Sarkar v. Kolkata Municipal Corporation
2018-01-04
SHEKHAR B.SARAF
body2018
DigiLaw.ai
JUDGMENT : 1. This is an application under Article 226 of the Constitution of India against the alleged creation of structures made by the Kolkata Municipal Corporation on the property of the writ petitioner. 2. It is the case of the writ petitioner that the Kolkata Municipal Corporation had come to the premises of the writ petitioner and informed him that they wanted to clean the water pond (in his premises) for better health and hygiene purposes. Subsequent to the same, the petitioner alleges that the Kolkata Municipal Corporation has illegally constructed some structures including fencing and sitting platforms around the pond without the consent and permission of the writ petitioner or any of the other co-sharers. 3. On 14th December, 2017 this Court had directed the Kolkata Municipal Corporation to file a detailed report on the action taken by the Kolkata Municipal Corporation on the following points as mentioned below : (a) The various actions taken by the Corporation with reference to the schedule property; (b)Whether the Corporation had taken any permission from the owner before carrying out the above activities on the schedule property; (c)Whether any order was passed by the Corporation for carrying out the various activities; (d) All documents/orders in relation to the above activities; 4. Today a one page document has been handed over to this Court by the counsel appearing on behalf of the Kolkata Municipal Corporation which states as follows: “Regarding the above W.P., this is to report that the Parks & Square Department of the Kolkata Municipal Corporation did not execute any work at the above mentioned location and also there is no future program for construction at the above mentioned premises”. 5. The above document does not in any manner qualify as a report that had been sought by this Court as specific questions had been put to be answered in the report. The kind of perfunctory report filed in Court today is absolutely disapproved and counsel appearing on behalf of the Corporation should take steps to ensure that the same is not done in future. 6. Be that as it may, the report clearly states that the Parks and Square Department of the Kolkata Municipal Corporation has not executed any works on the above mentioned location and also that they have no future programme for construction on the above premises. 7.
6. Be that as it may, the report clearly states that the Parks and Square Department of the Kolkata Municipal Corporation has not executed any works on the above mentioned location and also that they have no future programme for construction on the above premises. 7. The stand taken by the Kolkata Municipal Corporation is quite bizarre as on earlier occasions when the matter was heard by this Court contrary statements had been made by the counsel appearing on behalf of the Kolkata Municipal Corporation. 8. In any event, the position that we have arrived at today, based on the report filed by the Corporation, is that they have neither carried out any construction nor do they intend to carry out any construction in the premises. 9. Accordingly, the writ petitioner is allowed to demolish the said constructions that have been allegedly carried out by the Kolkata Municipal Corporation. 10. The writ petitioner shall inform the respondent no.4 as to when he shall carry out the demolition work and the respondent no.4 is directed to deploy police personnel to assist the writ petitioner at the time of demolition. 11. With the above directions, this writ petition is disposed of without any order as to costs. 12. Urgent photostat certified copy of this order shall be given to the parties upon compliance of usual formalities.