Jayanta Kumar Biswas, J. - (1.) This writ petition dated June 30th, 2005 was taken out by two natural persons who claimed to be the owner of the three storied residential building standing on premises No.B-17, Chirantani Park (65 Chirantani Park), Wd. No. 113, Bor-XI, Kolkata 700 070. They want a mandamus directing the Superintendent of Police, South 24 Parganas and the Officer-in- Charge. Regent Park Police Station, Kolkata to provide them necessary police help for demolition of that building. The 5th, 6th, 7th and 8th respondents are residents of the building, and the 5th respondent is represented by his counsel.
(2.) By a letter dated May 4th, 2002 the first petitioner requested the executive engineer of the municipal corporation to grant him permission to demolish the building mentioned as a two storied dilapidated building, it was stated that for lack of proper repair the building became dilapidated. By a letter dated February 10th, 2003 the assistant engineer concerned of the corporation directed the first petitioner to repair the entire building immediately. It was mentioned that as had been reported by the building surveyor of the corporation the building became unsafe. By notice dated November 11th, 2003 the corporation initiated proceedings under section 411(1) of the Kolkata Municipal Corporation Act, 1980.
(3.) The first petitioner was directed to repair the entire building within 15 days from the date of service of the notice. By a representation dated March 18th, 2004 the first petitioner requested the authorities of the corporation to permit him to demolish the building. Then the petitioners, moved this court by filing the writ petition No. 703 of 2004, which was disposed of by order dated April 27th, 2004 directing the municipal commissioner to dispose of the representation dated March 18th, 2004. In compliance with that order, the municipal commissioner made an order dated July 15th, 2004. The municipal commissioner ordered as follows:- "a) Let D.G. (Bldg.), KMC, engage an empanelled Structural Engineer who shall inspect the building and if necessary carry out all such non-destructive teats that may be necessary to ascertain the structural integrity of the building. The cost of such empanelled Structural Engineer and and any test to be carried out, shall be borne by the petitioner, who shall pay the same in advance to KMC on demand. b) The petitioner is, however, at liberty to demolish any portion of the building with the advice of any other empanelled Structural Engineer in accordance with law, if he thinks it is imperative to do so. The matter shall be again heard three weeks end when the report of empanelled Structural Engineer and any test to be carried out by the petitioner shall be produced before me." Thereupon the petitioners obtained an advice from one Moni Bhusan Chakravarti that the building, in his opinion, was not safe. It was further mentioned that the building was not fit for human habitation. On the strength of that advice the petitioners wrote a letter dated October 12th, 2004 requesting the Officer-in-Charge, Regent Park Police Station to give them necessary police help so that they might demolish the building in question.;