DL-14 22.09.2025 Court No.26 (AD) MAT 1543 of 2025 With IA No.: CAN 1 of 2025 Shibaji Mondal & Anr. Vs. The State of West Bengal & Ors. Mr. Rahul Karmakar, Advocate Mr. Sourav Guchhait, Advocate … for the appellants. Mr. Alok Kumar Ghosh, Advocate Mr. Gopal Chandra Das, Advocate … for the Kolkata Municipal Corporation Ms. Ashmita Chakraborty, Advocate … for the respondent no.7 1. Appeal is at the behest of the writ petitioners and is directed against an order passed in CPAN 230 of 2025 in WPA 20896 of 2024. 2. Learned Advocate appearing for the appellants submits that, there are several orders passed by a competent authority requiring repair of the roof. He submits that, the roof is required to be repaired under the supervision of a structural engineer duly empanelled with the Kolkata Municipal Corporation. He draws the attention of the Court to the fact that, the Association is not functioning and, therefore, there is an Administrator appointed. The Administrator is not cooperating and is preventing the structural engineer from repairing the roof. 3. Learned Advocate appearing for the Administrator submits that, a structural engineer was initially appointed. The appellant prevented such structural engineer from inspecting the premises. 2 Such structural engineer left due to non- cooperation. She draws the attention of the Court to the appointment of a new structural engineer and submits that, in the event access is granted, the newly appointed structural engineer will undertake the requisite work. 4. Corporation authorities are represented. 5. In response, learned Advocate appearing for the appellants submits that, the newly appointed structural engineer is not duly empanelled. At least, there are no materials-on-record to establish that, the newly appointed structural engineer by the Administrator is empanelled with the KMC authorities. He submits that, the cost of repair should come out of the funds available with the Association. 6. In course of hearing of the appeal, we enquired of the appellants that as to whether they are agreeable to the repair of the roof being carried out through an empanelled structural engineer appointed by the appellants and the cost of the repair to be borne by the appellants at the first instance or not. The cost of the repair will subsequently be placed before the Administrator who will place it before the General Body of the Association for approval. 7. To this enquiry, learned Advocate appearing for the appellants, on instructions, submits that, the 3 appellants are agreeable. 8. In such circumstances, the appellants will appoint a structural engineer duly empanelled with the KMC authorities forthwith. Upon such appointment being made, the appellants through the Advocate-on-record of the appellants will inform the Advocate-on-record of the Administrator as to such appointment. Immediately on receipt of such communication, the Administrator will facilitate the newly appointed structural engineer to visit the premises and to undertake the repair work. 9. Cost of repair will be borne by the appellants at the first instance. 10. Such cost of repair will be placed before the Administrator for consideration. 11. Administrator will place the cost of repair before the General Body of the Association for consideration and approval. 12. In the event, it is approved by the General Body of the Association, the Administrator will reimburse the cost of repair to the appellants. 13. MAT 1543 of 2025 and IA No.: CAN 1 of 2025 are disposed of without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)