SAMAPTI CHATTERJEE, J. - (1.) CHALLENGING the impugned order dated 17th December, 2012 passed by the Special Officer (Building), Kolkata Municipal Corporation in Demolition Case no.16 -D/Bldg./I/12 -13 Br. I, in respect of premises no.83J, Khudiram Bose, P.S. -Ultadanga, Ward No.3, Borough -I, Kolkata - 700 037.
(2.) THE petitioners filed the instant writ petition and obtained an interim order of stay of operation of the demolition order dated 17.12.2012 till disposal of this writ petition.
(3.) THE petitioners' case in brief is as follows: - One Abdur Rashid and Md. Islam, two brothers were inducted as joint Thika tenant in respect of a vacant land measuring about three cottahs seven chittaks 13 Sq. ft., situated at 83J, Khudiram Bose Sarani under P.S. -Ultadanga, Kolkata -700 037 in the year 1951 by the land lord Md. Habib (since deceased) father of the private respondent no.8. The said Abdur Rashid and Md. Islam used to pay tax to the corporation in respect of their occupied share of land. After demise of Abdur Rashid and Md. Islam their legal heirs/the petitioners have been enjoying the said property. In the meantime, the petitioners constructed a G+3 storied building on the said land without having any sanction plan obtained from Kolkata Municipal Corporation. That being the position, the respondent no.8 being the landlord filed a writ petition being W.P. No.8244 (W) of 2012 before this Hon'ble Court sometime in the year 2012 for demolition of the unauthorised construction illegally made by the petitioner on the land of the landlord, respondent no.8. The said writ petition was disposed of by this Hon'ble Court directing the respondent the Executive Engineer (Building), Kolkata Municipal Corporation to initiate appropriate proceedings under the Kolkata Municipal Corporation Act, 1980 within a fortnight from the date of presenting the copy of that order. Pursuant to the said order the corporation disposed of the same by passing a reasoned order after given an opportunity of hearing to the petitioner and the private respondent nos. 8 to 12. In the said order passed by this Court the Special Officer (Building) on 17th December, 2012 passed a reasoned order for demolition of unauthorised construction within fifty days from the date of communication of that order. In default K.M.C. is at liberty to demolish the same at the cost and at risk of the petitioners. Challenging the said order the petitioners filed an appeal before the Building Tribunal and also filed an application for stay of operation of the impugned order dated 17th December, 2012. Learned Tribunal rejected the petitioners' prayer for stay of operation of the demolition order passed by the Special Officer (Building) against the rejection of stay of operation of the said order dated 17th December, 2012 the petitioner filed the instant writ petition and obtained some conditional interim order interalia that " ..if in the meantime, the petitioners deposit a sum of Rs.20,00,000/ - (rupees twenty lakh) by way of security towards the costs of demolition of the said premises in the case they fail to succeed in the writ petition with the learned Registrar General of this Court and vacate the said premises and deliver the keys of the said premises to the Executive Engineer, Borough -I, Kolkata Municipal Corporation on or before 10th August, 2013, interim order passed on 3rd July, 2013 will continue till the disposal of this writ petition.". In the said order, learned Advocate Mr. Rudranil De, was appointed by this Court on 10th September, 2013 for holding an inspection at the building site for ascertaining as to whether any old kachha structure exists in the said premises and further ascertain as to whether such old structure is beyond the subject matter of demolition as per the demolition order which is under challenge before this Court or not and to submit a report before this Court on 19th July, 2013. Thereafter, on 19th July, 2013 learned Advocate, Special Officer submitted his report before this Court. From the report it is revealed that on the said plot of land partly G+3 and partly G+2 two pacca constructions with brick and cement were made with marble fittings floor, measuring 562 Sq.ft (approximately) per floor and about 220 Sq. ft. per floor respectively. Further, in the back side of the said constructions i.e. G+3 and G+2 there was another construction made of brick and cement up to the first floor i.e. two stored building in north side of the said premises. Against that order dated 10th July, 2013 by which petitioners was directed to deposit a sum of rupees twenty lakhs by way of security towards a cost of demolition, the petitioners preferred an appeal before the Hon'ble Division Bench and the Hon'ble Division Bench set aside only the portion of the said order dated 10th July, 2013 in respect of depositing a sum of rupees twenty lakhs by way of security towards the cost of demolition. Rest of the order was remain unaltered by the Hon'ble Division Bench vide Order dated 25th July, 2013. Order dated 25th July, 2013 passed by the Division Bench is quoted below : - "We have heard the learned Counsels appearing for the parties. From the order under challenge it is not discernible as to what was the reason for a direction upon the writ petitioner to deposit a sum of Rs.20,00,000/ -. The stay granted by the learned trial Court was to continue in the event such deposit was made. Since the learned Advocates appearing either for the Kolkata Municipal Corporation or for the Landlord could not satisfy us as to the reason for a direction to deposit the security amount that direction is et aside. In the result the interim order already passed by the learned trial Court shall continue until the writ petition is disposed of. The learned trial Court is requested to try to dispose of the writ petition as expeditiously as possible. The appeal and the connected application re both thus disposed of. Urgent xerox certified copy of this order, if applied for, be delivered to the learned Advocates for the parties, upon compliance of all formalities." Now the present writ petition is for final hearing before this Court.;