BROADWAY CENTRE & ANR Vs. HARENDRA DUBEY & ORS
LAWS(CAL)-2017-7-11
HIGH COURT OF CALCUTTA
Decided on July 13,2017

Broadway Centre And Anr Appellant
VERSUS
Harendra Dubey And Ors Respondents

JUDGEMENT

- (1.) The Court : Undertaking is furnished before this Court. Objection has been filed to the undertaking indicating that such undertaking is based on a factually incorrect assessment of the width of the road. Hence, such undertaking may not be accepted. In order to resolve such controversy, I direct Commissioner, Kolkata Municipal Corporation to depute an executive engineer to make measurements of the pathway including the elevated space where the puja is proposed to be held in future and submit report as to the width of the said pathway and appertaining thereto. The officer-in-charge of fire department shall also look into the proposed undertaking in the light of the measurements made by the Municipal Authorities and submit an opinion as to the viability of holding puja in the passage in terms of the said undertaking and in view of the existing fire safety rules. Inspection by the executive engineer of the pathway shall be upon due notice to the applicant as well as the alleged contemnors. Reports be filed on the next date of hearing. Let this matter appear two weeks hence. The applicant is directed to communicate the said order to the concerned authorities for due compliance. ;


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