HARISH TANDON,J. - (1.) The Court : Mr. Ghosh produces an original letter dated 27.04.2017 submitted by the Prime Retail India Ltd to the Deputy Chief Engineer, Borough- V, Building Department, Kolkata Municipal Corporation containing the signature of the Structural Engineer, Ms. Mita Saha. To recapitulate the incident, which happens in course of the proceeding, the following facts are adumbrated hereunder below.
(2.) The writ petition was filed challenging the notices under Section 441 of the Kolkata Municipal Corporation Act, 1980 on the premise unless the entire premises is vacated it would not be possible for the owner to effect any repair in terms thereof. It was submitted on behalf of the tenants that the condition of the building is not such which requires immediate demolition but can be strengthened and/or secured by necessary repairs.
(3.) This Court finds that the notice appears to be vague and ambiguous and have not indicated which portion of the structure is dangerous and dilapidated and which portion can be secured by taking efforts of repairing. A report was sought from the corporation wherefrom it appears that the portion occupied by the respondent no.6 in the Writ Petition is repairable one provided such repairs are effected under the provision of the empanelled Structural Engineer. The Court while disposing of the Writ Petition directed the respondent no.6 therein to engage a Class-I empanelled engineer of the Kolkata Municipal Corporation and making application for effecting repairs in terms of the report of the Structural Engineer to render it structurally safe and sustainable.;