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Judgment
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Rajasekhar Mantha, J
The petitioners have filed the instant application seeking mandatory directions on the Kolkata Municipal Corporation to take steps under the Kolkata Municipal Corporation Act inter alia 401 to 412 in respect of premises no. 11, Raja Subodh Mallick Square, Kolkata.
Admittedly, KMC has issued notices that the building is dangerous and is required to be either repaired or demolished. The respondent nos. 7 and 8 claim to be tenants and lawful occupiers of the building. There are civil suits pending in Courts of concerned jurisdiction as regards their alleged claims in respect of the said building.
The petitioners, being the owners of the building, express anguish that on the one hand they face notices of the municipal corporation to demolish the building and/or to repair it and on the other hand, are unable to do so because of the occupancy of the respondent nos. 7 and 8.
The owners also submit that the KMC is itself empowered with the Kolkata Municipal Corporation Act to effect demolition and also, if necessary, reconstruct the building.
Learned Counsel for KMC submit unless there is some kind of agreement between the owners and the tenants, they are unable to take steps under the Act. They also submit that the cost and expenses of any demolition and/or reconstruction are required to be borne by the owners and/or the occupiers.
This Court is of the view that there is dereliction of duty by the KMC under the statute. There is also conflict between the owners and the occupiers which the KMC claims to have prevented the demolition of the dangerous portion of the building or repair and/or rectification thereof. This is unacceptable.
In those circumstances, since the owners have been able to make out a prima facie case of inability to act due to the conduct of the respondents, it is made clear that in the event of any mishap or occurrence at the said premises, the owners shall not be liable under the Civil or Criminal Law.
Let affidavits of opposition to the application be filed within a period of four weeks from date. Reply, if any, be filed within a period of two weeks thereafter.
Let this application be mentioned for listing after completion of affidavits.
It is expected that the affidavit of service on the other non-appearing respondents shall be filed on the next date when this matter shall be taken up.
Parties are to act upon the website copy of this order.