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Judgment
The petitioners are aggrieved by the inaction of the Kolkata Municipal Corporation in disposing of several representations made to the Corporation
requesting steps be taken under Section 411 of the Kolkata Municipal Corporation Act, 1980, in respect of dangerous and dilapidated structures of
Bagmari Market situated at premises No. 37A Satin Sen Sarani within the municipal limits of the Kolkata Municipal Corporation, Borough-III, Ward
No. 14, P.S. Maniktala, Kolkata-700054.
The petitioners claim to be the shebaits/owner of the market premises and submit that the entire structure, housing shops, stalls and squatters in the
market is in a dilapidated condition. The steel framing and pillars are rusted and damaged. Electrical connections are in a very precarious condition
which may lead to electrocution and fire hazards. Photographs have been annexed to each and every representation made to Municipal Corporation. It
is submitted that the Municipal Corporation has not taken any cognizance of any of the complaints lodged by the complainant.
Mr. Mitra, learned Advocate appearing for the Kolkata Municipal Corporation submits that there are several occupants who are running their
businesses from the stalls in the market and no order can be passed in the writ petition in their absence.
As disputed questions of facts are involved, it is for the Corporation to decide on the condition of the market premises and the steps which are
required to be taken under the provisions of the statute. This writ petition is disposed of with a direction upon the Municipal Commissioner or his
delegatee under the law to consider the grievances of the petitioners by treating the writ petition as a representation and dispose of the same in
accordance with law upon granting an opportunity of hearing to the petitioners and the authorised representatives of the occupants. The Corporation
shall cause inspection of the premises in question in presence of all parties concerned. The report of such inspection shall be handed over to the
parties and thereafter the decision will be taken in accordance with law and by following the principles of natural justice. The decision should be
communicated to the parties.
The entire exercise should be completed within a period of twelve weeks from the date of communication of this order.
It is made clear that this Court has not gone into the merits of the claim of the petitioners.
Parties to act on a server copy of this order.