Soumyadeep Majumder vs Kolkata Municipal Corporation & Ors

Arindam Sinha, J

This writ petition was moved on 19th November, 2019. Submission on behalf of petitioner was, by letter dated 17th May, 2019 encroachment by private respondent on pavement, from premises no.28A, Panditiya Road, Kolkata in said respondent carrying on business of panshop, was brought to notice of Kolkata Municipal Corporation. Petitioner had moved Court as the Corporation did not take action. On behalf of State, communication dated 27th August, 2019 sent by Inspector of Police, O.C., Gariahat Police Station was handed up saying, in effect, the matter related to KMC authority. There was direction upon the Corporation to inform Court regarding allegation of encroachment made. On adjourned date following found record in order dated 5th December, 2019:-

"Pursuant to direction made in order dated 19th November, 2019, Mr. Mukherjee, learned advocate appearing on behalf of the Corporation files report. \ Text of the report is reproduced below:-

"In pursuant to solemn order of Hon'ble Justice Arindam Sinha of High Court dated 19/11/2019, the department has inspected the above mentioned site on 03/12/2019. During inspection, it is found that there exists a three storied building with a projected verandah over foothpath from 1st floor level which is apparently seen very old. Further, it is also observed that a temporary wooden structure in the north- west corner of the premises leaving the northern mandatory entry passage of a Pun shop namely "K. Devi Saw" exists below the projected verandah whose top is covered by G.I. Sheet and its occupied area is 0.55 X 2.5 mtr. i.e.1.375 sqm."

It is clear from the report that the panshop has encroached on the footpath. Mr. Dutta, learned advocate appears on behalf of private respondent and prays for adjournment.

List under hearing 'For Orders' on 16th December, 2019.".

Private respondent obtained adjournment and extension of time to take exception to the report filed by the Corporation. Adjournment and extension was granted on 20th December, 2019 on following terms:-

"Extension of time is granted to private respondent to file affidavit/exception to the report, which will be accepted on adjourned date upon advance copies served. In event the report is not filed with copies served, Court will presume the report to be correct and proceed with hearing the writ petition. No further adjournment is likely to be granted.

List under same heading on 7th January, 2020."

Today Mr. Banerjee, learned advocate appears on behalf of petitioner and presses for orders. Mr. Dutta renews his prayer for adjournment on submission that the affidavit / exception is being made ready.

There are more than 2000 writ petitions pending adjudication as motions listed. This Court does not have the luxury of granting repeated adjournments when petitioner is pressing for hearing. Terms for adjournment and extension was made clear on 20th December, 2019. Court is convinced petitioner has a case for interference. The Corporation is directed to initiate demolition proceeding under section 400 in Kolkata Municipal Act, 1980 regarding the encroachment reported by it. It will give petitioner and private respondent hearing and come to a decision on demolition, made known to the parties by six weeks from date of communication of this order.

The writ petition is disposed of as above.