- (1.) The subject matter of challenge in this appeal is a judgment and order dated 13th January, 2015 by which a notice dated 16th June 2014 issued by the Kolkata Municipal Corporation has been quashed. The notice dated 16th June, 2014 reads as follows:- "TAKE NOTICE that you are hereby required by the Municipal Commissioner, the Kolkata Municipal Corporation within 60 days from the service of this notice. Secure & repair the building with out changing dimension shape & character & remove the dangerous portion, if any, under supervision of empanelled structural engineer of K.M.C. for the safety of human life & property with taking all precautionary measures." The prayer in the writ petition was as follows:- "a) A writ of or in the nature of Mandamus and/or order and/or direction or like nature revoking and for canceling the illegal notice issued under section 411(1) of the Calcutta Municipal Corporation Act, 1980 dated 16th June, 2014 issued by Ex. Engineer "P-5" issued not in compliance of the order passed by the Appeal Court dated 28"' April, 2014 and commanding the respondents to take immediate action under section 411(4) of the Calcutta Municipal Corporation Act, 1980 in respect of the said building being premises No. 11, Camac Street, Kolkata - 700 017 and to pass an order for demolition of the said building under section 411(4) of the Calcutta Municipal Corporation Act, 1980 and to implement the said order forthwith."
(2.) Mr. Barin Banerjee, learned advocate appearing for the writ petition/appellant submitted that the Municipal Authorities have issued notice asking the writ petitioner/appellant to secure and repair the building without changing the dimension, shape and character and to remove the dangerous portion, if any, under supervision of an empanelled structural engineer, but the Kolkata Municipal Corporation did not specify which portion of the building, according to them, needed such remedial measures. If these were the grievance of the writ petitioner the same could have been remedied by directing the Kolkata Municipal Corporation to furnish particulars as to the portions sought to be repaired or directed to be repaired by them. But the grievance of the writ petitioner is more than that. His object is to be found from sub-para (c) of paragraph 13 of the writ petition, which reads as follows:- "(c) Since the issuance of the earlier Notice under section 411(1) of the Kolkata Municipal Corporation Act, 1980 quashed by the Appeal Court and the condition of the building having deteriorated further only repairing of any portion would not improve the condition of the building which has further endangered the human life and property of the inmates and users of the building. The present Notice issued under section 411(1) of the Kolkata Municipal Corporation Act, 1980 dated 16.06.2014 directing to "secure and repair the building without changing the dimension, shape and character and remove the dangerous portion" is just the repetition of earlier Notice and is in violation of the order passed by the Hon'ble High Court at Calcutta and the same is liable to be withdrawn and an order of demolition of the entire building under section 411(4) of the Kolkata Municipal Corporation Act, 1980 needs to be passed without any further delay."
(3.) From sub-para (c) quoted above it appears that the intention of the writ petitioner is to demolish the entire building. In case he is interested in demolishing the building he can do so. Kolkata Municipal Corporation has not stopped the appellant from demolishing the building. If the writ petitioner is the owner of the building he can demolish it, for that, permission of Kolkata Municipal Corporation is not required. Prayer for such permission is strange indeed. Why has such a prayer been made The answer is very simple. The writ petitioner is trying to get rid of the tenants and therefore he is interested in using the Kolkata Municipal Corporation as a lever. He wants an order for demolition from Kolkata Municipal Corporation so that the tenants can summarily be evicted otherwise than in accordance with law.;