DEBANGSU BASAK,J. - (1.) This is an application at the behest of the corporation seeking a direction upon the private respondents, who according to the corporation are persons responsible, to pay the cost of demolition. The cost of demolition assessed is excess of Rs. 32 lakhs.
(2.) Learned Advocate appearing for the private respondents submits that, the provisions of Section 400(7) of the Kolkata Municipal Corporation Act, 1980 read with Chapter - XVI relating to payment of recovery of taxes, do not entitle the corporation to make an application, in a pending writ petition, seeking direction upon the private respondents to pay the costs of demolition. He questions the maintainability of the application. He draws the attention of the Court to the judgment and order dated April 28, 2017 passed in WP No.85 of 2014 (Lakhu Dubey v. The Kolkata Municipal Corporation and Ors.) in support of his contentions.
(3.) The State, the corporation and the petitioner are represented.;