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Judgment
The Court : The respondent nos.9, 10 and 11 have refused to accept service of the application. The envelops returned by the postal authorities with
the endorsement ‘refused’ are taken on record. The said respondents, however, were previously served as recorded in the order dated 10th
October, 2018. The basis of the application appears to be that the premises proposed to be developed are in a dilapidated condition and the trustees do
not have adequate funds to carry out the necessary repairing of the two premises which were estimated at Rs.7.23 lakhs in respect of premises no.16,
Rasik Mitra Lane, Kolkata- 700 003 and Rs.9.16 lakhs in respect of premises no.54, Raja Rajbullav Street, Kolkata- 700 003. The respondent no.1,
however, appears and opposes the prayer on the ground that the proposed estimated is inflated and only minor repairing work is required to be done
inasmuch as the beneficiaries are occupying and residing at various portions of the premises in question. In the minutes of the meeting held on 6th
August, 2017, out of 15 beneficiaries, 10 participated including the respondent no.1 and it appears that save and except the respondent no.1 all had
consented to the development of the property as proposed in this application.
Before deciding the merits of the application, it is necessary to call for an independent report with regard to the present condition of the two premises
including an estimated cost of repairing and painting of the two premises in order to make it habitable. Under such circumstances, Mr. S.P. Nag of
45/1, Ritchie Road, Kolkata- 700 019 (Ph.2475 â€" 2816), an empanelled engineer of this Court is appointed to file a report as to the present condition
of the two building and indicate an estimated cost of repairing and painting of the said two premises that may be required to make the said building
habitable and safe as it is alleged by the petitioner that the condition of the building is unsafe and not suitable for habitation. The Engineer shall be
entitled to an initial remuneration of Rs.30,000/- to be paid by the petitioner at the first instance. The petitioner undertakes to pay the final
remuneration of the Engineer that may be determined by this Court for the job done by the said Engineer. The Engineer shall file a report in a sealed
envelop with the Registrar, Original Side by 10th December, 2018 together with his bill for the job done by him.
The respondent nos.1, 9, 10 and 11 may file affidavit on or before the adjourned date; otherwise it shall be presumed that the said respondents would
have no objection to the orders being passed in favour of the petitioner subject, of course, to a satisfaction being arrived at as to the truthfulness and
correctness of the claim made by the petitioners in the present proceedings.
The matter stands adjourned till 12th December, 2018. This order shall be communicated to the respondent nos.9, 10 and 11 by speed post with
acknowledgement due in course of this week and affidavit of service shall be filed on the adjourned date.