Kolkata, India – In the ongoing legal battle between a rickshaw puller and the Kolkata Municipal Corporation (KMC), the Chief's Court(CJI DY. Chandrachud) on 25.08.2023 granted a status quo order, effectively halting the demolition of the house in question until August 28th, 5:00 PM. This decision provided a breathing space to the petitioner whose house had been partially demolished following a demolition notice issued under Section 400(8) of the KMC Act, 1980.

The house, constructed by the rickshaw puller, had become the focal point of a legal dispute after the KMC issued a demolition notice, citing violations of the KMC Act. However, this particular section of the act has been in controversy in the past as its emergent nature deprives the aggrieved person any opportunity of being heard , hence setting the stage for a complex legal showdown.

A portion of the house had already been demolished by the Corporation, as per the High Court's order, which directed the completion of the demolition within four weeks. The stipulated deadline, August 21st, prompted the petitioner to urgently approach the Hon’ble Chief’s court. The petitioner, represented by Ms. Paromita Majumdar, an Advocate-On-Record (AOR), highlighted the impending demolition of the remaining portion of the house by KMC officials on the basis of the High Court's order.

During the hearing, Ms. Paromita Majumdar presented the Hon’ble Chief Justice with a comprehensive overview of the situation, detailing the ongoing dispute and the demolition threat faced by their client. The Chief Justice, considering the gravity of the situation, decided to intervene by granting a status quo order. The order effectively puts a hold on any further demolition activities until August 28th at 5:00 PM.

It is important to note that the Chief Court's decision does not delve into the merits of the case itself. However on 28th August, 2023 the bench comprising of Hon’ble Justice Bela M Trivedi and Justice Dipankar Datta dismissed the SLP on the grounds of delay in approaching the Municipal Tribunal. The petitioner was represented by Mr. Indrajeet Mahanty , Senior Advocate along with Ms. Majumdar. 

Ms. Paromita Majumdar, along with her legal team, have expressed gratitude for the Chief Court's intervention, emphasizing that this temporary stay provided them with an opportunity to present their case comprehensively. 

Case Title: SHIBNATH HAIT versus THE KOLKATA MUNICIPAL CORPORATION & ORS.| SLP(C) No. 18586/2023

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