Surajit Bose vs Kolkata Municipal Corporation & Ors.

The petitioner in this Article 226 petition complains that the private respondent by virtue of its construction has damaged his building. The Corporation

authorities, he alleges, are not taking steps despite representations. The Corporation and the private respondent are represented.

Learned advocate for the private respondent draws attention of the court to a copy of the plaint filed in Title Suit No.94 of 2015 which is pending

before the 4th Civil Judge, Alipore, South 24-Parganas. He submits that the petitioner has prayed for restoration and repair of the premises concerned

in such suit. I have considered the rival contentions of the parties and the materials available on record.

In the present writ petition the petitioner complains that due to the construction undertaken by the private respondent, damages have been caused to

the premises of the petitioner, and that the Corporation authorities are not taking any steps on the basis of the complaint made. It appears that the

petitioner has filed a suit in 2015 being Title Suit No.94 of 2015 against the private respondent in the civil Court. The prayers of the suit (T.S.

No.94/2015) are as follows:â€

a) A decree declaration to the effect that the plaintiff has and are entitled to unfettered legal right including the right of easement and benefits in

respect of the suit premises, for the purpose of enjoying and/or having the right user of the property of the plaintiff and the Proforma Defendant No.3;

b) A decree of mandatory and/or permanent injunction directing the defendant No.1 and 2 to remove and/or demolish the wall which causing

obstruction of light and air on the western wall of the suit premises;

c) a decree in the nature of permanent injunction directing the defendant Nos. 1 and 2 to restore and repair the suit premise including the restoration of

sewerage and the reservoir;

d) a decree of permanent injunction upon the Kolkata Municipal Corporation for restraining Kolkata Municipal Corporation perpetually for issuance of

‘Completion Certificate’ until the actionable nuisance is remedied and/or rectified by the defendant No.1 and 2.

e) ad-interim orders in terms of the prayer (d) above;

f) Receiver/commissioner;

g) Costs;

h) Such other order or orders and direction or directions as this the Learned Court may deem fit and proper.â€​

In my view, the prayer (c) of the plaint covers the grievance made by the petitioner in the present writ petition. The issues raised herein are directly

and substantially in issue in such suit. Since a suit is pending, I am not minded to interfere in the writ petition. WP No.31012(W) of 2017 is, thus,

disposed of. No order as to costs. Certified photocopy of this order, if applied for, shall be given to the parties.