25.07.2025 Court No.13 Item No. 9 sp CPAN 1197 of 2025 In F.M.A. No. 314 of 2015 With F.M.A. No. 315 of 2015 M/s. Sreemoyee Construction Private Limited & Anr. Versus Sri Firhad Hakim, Mayor, KMC & Ors. Mr. Saptansu Basu, ld. Sr. Adv. Mr. Sandip Kumar De, Mr. Abhijit Sarkar, Mr. Abhik Chitta Kundu. …For the petitioners. Mr. Alok Kumar Ghosh, ld. Sr. Adv. Mr. Chintya Kumar Banerjee, Mr. Gopal Chandra Das. … For the KMC. 1. Contempt is alleged of this Court’s order dated 17th June, 2025. 2. Photographs annexed to the contempt application indicate that there are some persons carrying wheelbarrows and clearing shrubs. Certain bricks appear to also have been removed. 3. Mr. Alok Kumar Ghosh, learned Senior Counsel, who representing the alleged contemnors, submits that only certain shrubs and bushes have been cleaned out in the said premises. The tender for cleaning up of the water body is yet to be issued. The appellant shall be notified in this regard as he has bear the expenses for cleaning up of the water body. 4. Mr. Santangsu Basu, learned Senior Counsel appearing for the petitioner submits that there are certain powerful people who are interested in taking over the possession of the water body and the surrounding areas. 5. Mr. Ghosh vehemently opposes and denies such allegation. 6. The Municipal Corporation shall ensure expeditious issuance of tender process and completion thereof, there shall be an order of injunction restraining any third party from entering into taking possession or encumbering or otherwise dealing with or disposing of the said water body and the surrounding areas during the interregnum of the cleaning up of the pond in question. 7. The water body shall be handed over back to the applicants in the contempt application after due cleaning up and shall be maintained by the appellants as a water body as already directed by this Court’s order dated 17th June, 2025. 8. With the aforesaid observations, CPAN 1197 of 2025 shall stand disposed of. 9. The personal presence of the alleged contemnors, if any, is dispensed with. 10. Rule, if any, shall stand discharged. 11. There shall be no order as to costs. 2 12. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.) 3