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Judgment
This is an appeal against a judgement and order dated 5th February, 2020 passed by a learned single judge of this Court in a writ application (W.P. 23588(W) of 2018).
By the said judgement and order, this Court directed, inter alia, that the proceedings before the Defence Estate Officer shall be completed as expeditiously as possible preferably within a period of three months from the date of communication of a copy of this order.
According to the administrative orders issued by the Hon'ble The Chief Justice this appeal, citing urgency was mentioned before the bench designated to take up mentioning.
S.D./ASR.
Being satisfied that the notice of the intended appeal and applications had been duly served upon the respondents and that there was urgency in the matter their lordships directed the matter to be placed in the list today.
The subject building is a school. The school is represented by its Principal as their learned Advocate/Advocates are not attending court. She submits that examinations are scheduled to be held in July, 2020.
Today we have been handed up an order made by the Court of the Estates Officer (Kolkata Circle) dated 26th May, 2020 directing demolition of the subject building by 12th June, 2020.
We have perused the said order. Prima facie, we observe that there is no reference therein to the said order of this court and how it has been complied with. We also add that since the appellant is represented by their Principal who is not acquainted with the legal procedure, we have been deprived of full assistance in this matter.
If the building is allowed to be demolished the appeal will become infructuous. The school will shut down. The students will become floatsome.
In those circumstances, we stay the order dated 26th May 2020 until 31st July, 2020 or further orders, whichever is earlier.
The appeal is formally admitted.
We are also of the opinion that this matter should be considered threadbare on proper assistance, by this court physically or on virtual platform.
Let the appeal and the connected applications (CAN 2567 of 2020 and CAN 3237 of 2020) appear before the appropriate Bench either physically or virtual subject to the convenience of the Bench in the 2nd week of July, 2020.
The connected application CAN 3238 of 2020 is disposed of by this order.