02 22.04. 2025 Ct. No. 07 Ab WPA 279 of 2023 Subrata Majumder and another Vs. State of West Bengal and others. --------------- Mr. Srijib Chakraborty, Ms. Rupsa Sreemani. … for the petitioners. Mr. Dwarika Nath Mukherjee, Mr. Chandan Kumar Datta. … for the State. Mr. Sandipan Banerjee, Mr. Santanu Chatterjee. … for the Corporation. The instant matter pertains to the premises located at 27A, Khestra Mitra Lane, Salkia, which falls within the territorial jurisdiction of the Howrah Municipal Corporation, specifically under Ward No. 12, Police Station Golabari. The said premises has been found to be in a dilapidated condition, posing a potential threat to the safety and well-being of the local inhabitants. In view of this hazardous condition, the Howrah Municipal Corporation, exercising its authority under Section 180(1) of the Howrah Municipal Corporation Act, 1980, issued a notice dated 26th July 2017, directing the owner of the premises to carry out necessary repairs and/or renovation of the building. Two tenancies, covering areas of approximately 103 square feet and 340 square feet respectively, were created within the premises in favour of the Milk Commissioner, Directorate of Dairy Development, Central Dairy, Belgachia, 2 Kolkata. However, the issue concerning the reinstatement of the Milk Commissioner in the renovated portion of the premises remained unresolved. As a result of this unresolved issue, the petitioners were unable to proceed with the necessary renovation work and therefore, they sought intervention of this Court by preferring the present writ petition. Record reveals that a Co-ordinate Bench of this Hon’ble Court, in an order dated 2.4.2024 passed in this writ petition, observed that the Milk Commissioner, Directorate of Dairy Development, Central Dairy, had expressed its willingness to vacate the tenanted portion of the premises, subject to the condition that they would be reinstated immediately upon completion of the renovation work. Record further reveals that, in that order dated 1st April 2024, the Bench noted that the Sales Officer (Administration & Personnel) submitted a report on behalf of respondent nos. 6, 7, and 8, wherein they expressed their willingness to vacate the tenanted portion of the premises, subject to an undertaking from the petitioners. The undertaking required that, upon completion of the repair work, possession of the tenanted portion would be restored to them, and that, until the renovation work is undertaken and completed, the petitioners shall not create any third-party interest in the premises. The petitioners, by filing an affidavit, have furnished the requisite undertaking. Consequently, both parties have arrived at a consensus on certain terms and conditions, 3 pursuant to which the Milk Commissioner, Directorate of Dairy Development, Central Dairy, has agreed to hand over the vacant portion of the tenanted premises to the petitioners. The petitioners, in turn, shall initiate the necessary steps for reconstruction. It is submitted that the condition of the premises is so severely dilapidated that it is beyond the scope of repair. Accordingly, the petitioners propose to reconstruct the building, and for that purpose, they shall submit a fresh building plan before the Howrah Municipal Corporation for necessary approval. The petitioners undertake to submit the proposed building plan before the concerned authority of the Howrah Municipal Corporation and, upon obtaining the necessary sanction, shall proceed with the reconstruction of the building. The construction work is expected to be completed within a period of three to four years from the date of receipt of the sanctioned plan. Upon completion of the reconstruction, two separate units measuring approximately 103 square feet and 340 square feet of covered area, respectively, shall be allotted in favour of the Milk Commissioner, Directorate of Dairy Development, Central Dairy. The said authority shall be inducted into the newly constructed premises upon payment of fair rent in accordance with law, along with any arrears of rent, if applicable, and subject to such other terms and conditions as may be mutually agreed upon by and between the parties. 4 The Milk Commissioner, Directorate of Dairy Development, Central Dairy, shall handover the tenanted portion within fifteen days from date. With these observations and order, the writ petition is disposed of. There shall, however, be no order as to costs. (Partha Sarathi Chatterjee, J.)