OD-01 WPO/502/2024 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Ravindra Kumar Singh & Ors. Versus The Kolkata Municipal Corporation & Ors. Before: The Hon’ble Justice RAJA BASU CHOWDHURY Date: 14th May 2026 Appearance: Mr. Deepan Kr. Sarkar, Advocate Mr. Karanjeet Sharma, Advocate Mr. Aditya Chakraborty, Advocate Mr. Navneet Sewek, Advocates Ms. Anshumala Bansal, Advocate Mr. Shubhayan Chakraborty, Advocate for the petitioner, Advocate Mr. Srijan Nayak, Advocate Ms. Sima Chakraborty, Advocate for the KMC Mr. Saptangsu Basu, Sr. Advocate Mr. Syed Moyeenul. Arefin, Advocate for the respondent no.5 Mr. Krishnaraj Thaker, Sr. Advocate Mr. Soumyades Sinha, Advocate Ms. Suranjana Chatterjee, Advocate for the respondent no.6 1. The necessary authorisation issued by the respective parties that is the petitioners and the respondent nos.5 and 6, to their learned advocates as placed before this Court are taken on record. 2. Although the instant writ petition was filed, inter alia, praying for a direction upon the respondent authorities to ensure that the remedial measures are put in and/or implemented and to undo the 2 damage caused to the building of the petitioners’ premises situated at 47B, Bondel Road, Police Station- Karaya, Kolkata – 700 019, however the parties are now agreeable to resolve the disputes amongst themselves. 3. In order to record the oral settlement between the parties it is necessary to note down certain facts. (i) The respondent no.5 is the owner of the premises no.52D, Bondel Road, Kolkata – 700 019 which is adjacent and contiguous to premises no.47B, Bondel Road, Kolkata. Certain development work was undertaken in the year 2023 by the respondent no.6 at the aforesaid adjoining premises at 52D, Bondel Road, Kolkata, which had resulted in certain damage being caused to the existing building at premises no.47B, Bondel Road, Kolkata. (ii) When the matter was moved, by an order dated 24th May 2024 a coordinate Bench of this Court, noting the submissions made by the learned senior counsel representing the respondent nos.5 and 6 that they were interested to accept the prayers made by the petitioners, had directed the respondent no.5 and 6 to make necessary repair work under the supervision of an empanelled Structural Engineer to be engaged by the Executive Engineer, Borough – VII under whose supervision the repairing work will be done. Accordingly the parties were to approach the Executive Engineer within a week, for appointment of a competent 3 empanelled Structural Engineer for supervising the repair work. (iii) Pursuant to the above, a structural engineer was appointed who had surveyed the premises. Though he had prepared a report, such report was not filed before this Court, since the parties were trying to amicably resolve the disputes and differences amongst themselves as regards the modalities to carry out repair work. The factum of the parties trying to resolve the disputes would corroborate from the recordings made in several orders passed from time to time. (iv) Subsequently, on 17th March 2026 after series of attempts made by the parties to enter into a settlement, the settlement fizzled out, this Court had accordingly directed the municipality to carry out an inspection of the property in presence of the parties and to file a report. Pursuant to the aforesaid, the municipal authority has filed a report duly countersigned amongst others by the Executive Engineer (C)/Building/Borough-VII dated 1st April 2026. Although the above report was taken on record, as the report noted that considering the gravity and merits of the situation, some more time is required to complete the entire process, this Court had accordingly granted time till 6th May 2026. 4. Today the municipality has filed a fresh report dated 6th May 2026. The petitioners and the respondent nos. 5 and 6 have now come forward and would submit that they are interested to have the repair work done in terms of the report dated 6th May 2026 filed by 4 the Executive Engineer which encloses therein the detailed report on the present condition of the structure and the existing building at premises no.47B, Bondel Road, Kolkata – 700 019 based on joint inspection as prepared by Snehasish Sinha (E.S.E.) and addressed the same to the Executive Engineer (C)/Building/Borough – VII by a cover of letter dated 20th April 2026. The aforesaid report of Snehashis Sinha also encloses the technical report on retrofitting methodology towards restoration of deformations/cracks developed in the existing building/structures, dated 12th August 2025, which the parties would jointly submit was prepared in terms of the direction passed by the coordinate Bench of this Court dated 24th May 2026. 5. Having regard thereto, and since the petitioners and the respondent nos.5 and 6 have now jointly agreed and would submit that they otherwise have the authorisation to submit before this Court that the repair work shall be carried out by the respondent nos.5 and 6 at their cost in consonance with the inspection report and the technical report on retrofitting methodology towards restoration of deformation and cracks developed in the existing building structure dated 12th August 2025, under the supervision of the Executive Engineer(C)/Building/Borough – VII of the municipality, I am of the view that the writ petition can be disposed of by passing the follow order. 6. Accordingly the respondent nos.5 and 6 are directed to carry out the repair/renovation work at premises no.47B, Bondel Road, P.S. Karaya, Kolkata – 700 019, in accordance with the aforesaid 5 reports dated 10th April 2026 and 12th August 2025 under the Supervision of the Executive Engineer/(C)/Building/Borough – VII of the Kolkata Municipal Corporation. The respondent nos. 5 and 6, upon prior notice to the petitioners and the Executive Engineer (C)/Building, shall initiate the restoration process. Once, the work is completed the Executive Engineer/(C)/Building shall carry out an inspection, assisted by a Structural Engineer of his choice in presence of the parties, and certify that the retrofitting and/or restoration has been done in terms of the report dated 12th August 2025 and also issue appropriate structural stability certificate. The Executive Engineer shall be at liberty to have the assistance of other officers as he may deem necessary and proper. It is expected that the work shall be concluded on an expeditious basis preferably within three months from the dated of communication of this order. 7. The writ petition thus stands disposed. (RAJA BASU CHOWDHURY, J.) R. Bose