Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal has been preferred against an order dated 15th November, 2018, passed by a learned Single Judge in WP 25992 (W) of 2017 with CAN 8774 of 2018 (Musarrat Jahan vs. Kolkata Municipal Corporation & Ors.). By the said order, an application for addition of party taken out by the appellants herein, namely, Noorjahan Bibi and Anawar Hossain was allowed by adding them as parties in WP 25992 (W) of 2017, with further directions upon the Corporation authorities to continue with the demolition on a day-to-day basis until its completion.
(3.) For convenience, the order dated 15th November, 2018, is reproduced hereinbelow in its entirety:- "In re: CAN 8774 of 2018 This is an application for addition. The applicants claim to be occupants of a premise in respect of which there subsists an order of demolition. Learned Advocate for the applicants submits that, the applicants have paid huge amount to a private party for the purpose of developing the property without being aware of the subsisting order of demolition. The applicants seek protection. Since the applicants claim interest in the property concerned, without adjudicating upon the right, title and interest of the applicants, it would be appropriate to add the applicants as parties in the writ petition. CAN 8774 of 2018 is allowed. Learned Advocate on record for the writ petitioner is requested to make necessary amendments in the cause title of the petition. Learned Advocate for the Corporation submits an affidavit, which states that, the demolition work is in progress and that, half of the demolition work has been completed. Learned Advocate for the Corporation makes over a copy of the affidavit to the learned Advocate for the private parties in Court. Learned Advocate for the petitioner submits that, the demolition is incomplete. In such circumstances, the Corporation Authorities will continue with the demolition on a day to day basis until its completion. List the writ petition on December 4, 2018 when the Corporation will submit a further report. In such report, the Corporation will disclose the status of the work of demolition. Learned Advocate for the Corporation submits that, two months time is required to complete the demolition. The order of demolition is subsisting since September 21, 2017. It is not understood why the Corporation will require such time to complete the demolition process.";