- (1.) The Court: This application (GA 1007 of 2019) seeks the following reliefs: a) "An order passed permitting the petitioner to start clearing process in the petitioner's said areas ad-measuring about 2500 sq. ft. and adjoining lawn measuring 4000 sq. ft. along with car parking space at premises no.19, Park Street, Kolkata-700016 and to clear out the debris and to erect the structures back to its original form and shape; b) The concerned Kolkata Corporation Municipal Authorities including the Officer-in-Charge of the Park Street Police Station may be directed to render assistance to the petitioner, if and when necessary, in such process so as to enable your petitioner towards maintaining safe and clean the areas."
(2.) Initially I was hearing the application along with the writ petition though the two were appearing under separate headings. Today as the application was fixed by my order dated June 13, 2019, I took up the application listed as item no.2 first. From the records it is clear that I had asked the Corporation to submit a report as to the following matters: "Accordingly, I believe that it would be just and proper to order a local investigation to be made into the said property and an inspection made as to its condition; the inspection shall encompass whether there is a temporary structure on the said property is to be made and if so whether it has been uprooted wholly or partially, whether there is any debris and detritus on the premises within the control of the writ petitioner; whether the drainage and sewerage of the said property are affected by such debris and detritus; whether the said property is conceivably a threat to the health of the inmates or those who visit the said property and whether this has become or is likely to become a breeding ground of mosquitoes as alleged. This inspection shall be done by the Deputy Chief Engineer (Civil) of the respondent no.1 as a Special Referee and Commissioner of this Court at a remuneration of 2000 GMs payable equally by the respondent no.7 and the petitioner. A report shall be prepared and file before this Court by April 29, 2009 and the matter shall appear once again before this Court on April, 30, 2019 when I shall consider whether a direction be passed on the writ petitioner to clean such debris as has been found in the report if it is held to be necessary and I shall also consider whether the responsibility should be given to Mr. Sen's client."
(3.) Such a report was filed by the Corporation through its Deputy Chief Engineer (Civil). The second last and last paragraphs of the said report appear to be material and they are set out herein below: "During inspection it is observed that, there exists structure reportedly used as ceremonial house, was observed to have been made of wooden ply board, bamboos, tin sheets, glass partitions, darma sheets, polythene etc along with installation of Air Conditioning machine, although there was no scope to make an entry to the structure to ascertain the details of the inside condition of the structure and also the fittings and fixtures therein. The existing structure though appear to be temporary was not erected upon obtaining the necessary permission from the concerned authority particularly when the premises in question was reported to have been declared as heritage. A big plot of land was found on the southern side of the said existing structure, was found to have been covered by bush, jungles because of lack of proper maintenance for a long period of time. Certain debris, broken articles, materials, old tree leaves were found lying scattered in certain portion of the said land. The said land might have been used as lawn attached to the said ceremonial house, when it was running. Since the jungles, bushes, debris are lying scattered in the said land, these are likely to become breeding ground of mosquitoes. Whether the said structure and the adjoining land are within the control of the petitioner, is not known to me and could not be ascertained. The bushes, jungles, debris etc. as observed herein above may cause problem to the drainage and sewerage of the premises." ;