O-103 ORDER SHEET CSOS/1/2024 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SREE SREE RADHA GOBINDA JEW & ANR. VS. SMT. MANDIRA DAS BEFORE: The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 9th December, 2025. Ms. Shamolima Sarkar, Ms. Sonali Sengupta, Mrs. Paromita Barik, Advocates for the plaintiffs. Mr. Arindam Paul, Ms. Debarati Das, Ms. Sohini Choudhury, Advocates for defendant. The Court : The following three questions are required to be answered in this Originating Summons suit. i) Whether it would be to the benefit of the Deity to have Premises No.6. Kanai Dhar Lane, Kolkata – 700 012 developed by entering into a Joint Venture Agreement when the said premises is now a dilapidated and dangerous one yielding no income to the estate ? ii) Whether it would be benefit of the Deity if a regular monthly income could be ensured out of the sale proceeds of the units/flats after constructing a building through said development project ? iii) Whether it would be the benefit of the Deity to have a regular monthly income from the development of the said property to meet the expenses of daily and periodical seva puja and for 2 maintenance and preservation of the other properties of the Debuttor estate ? After hearing the parties and considering the materials on record, I find that the land area comprised in the property which is intended to be developed is approximately 1035 sq. ft. equivalent to 1 cottah 7 chittacks. The property is infested with tenants and/or unauthorised occupants. The deity is also consecrated in the said building. It is true that the building is not in a good condition. However, to develop the said property the entire structure standing on the said land being premises no.6, Kanai Dhar Lane, Kolkata – 700 012 has to be demolished and a new structure has to be erected. Although, there has been a recent relaxation in the building rules of the Kolkata Municipal Corporation (in short ‘KMC’) in respect of small plots of land but the constructed area available as per the licensed building surveyor is 786.202 sq. ft. super built-up area in each floor i.e., 1st, 2nd and 3rd floor. The trustees of the estate propose to consecrate the deity on the top floor i.e. the second floor. The remaining two floors will have an area of about 1675 sq. ft. super built-up area. Out of this area, the maximum will be the developer’s allocation as he will be realising his cost of construction and other expenses from out of the same. The entire first and second floors at the present are infested with tenants and/or occupants. If the owner and the developer have to provide for any area to the tenants within the 1675 sq. ft. approximately available at the ground and first floor then the area will get further reduced. It therefore appears to me that by way of development no income will be generated, on the contrary the proportionate share of land will go out of the hands of the trustees. The other three questions are also 3 interconnected. The answer to the first question being in the negative, the other questions are also answered in the negative. I do not find that there will be any sufficient augmentation of fund or any substantial fund will be generated to continue with the regular debo seva and periodic festivals. The Originating Summons suit, therefore, is disposed of by answering the queries in the manner as aforesaid. (ARINDAM MUKHERJEE, J.) pa