Order No:4                                                                                  Date:12/10/2023

Today is fixed for hearing of this MA Case, written objection if any in the meantime.  The applicant side is found ready.  OP has not taken any step.  Written objection  filed by the OP.

It is the main point of contention  and argument  on the part of the applicant side that this District Commission has passed the order of injunction as the OPs by violating  the said order of injunction  have been making  construction  over the suit property and for that reason this District Commission shall have to pass necessary direction upon the Police Authority of Golabari P.S. in the matter of implementation  of the injunction order.

On the other hand  it is the submission  on the part of the OP that the OPs have been making  construction as per sanction plan and also in complying  the terms & conditions  of the Development Agreement.  It is alleged that there is no evidence and proof to show that the OP have violated the injunction order.

For the purpose  of arriving at just and proper  decision in respect of the above noted issue this District Commission finds that this Court  has the power to grand police help  u/s 151 of Civil Procedure Code for implementation  of the order  of injunction.  Over this issue the case laws which have been reported in “2011 (3) CHN (CAL) 598 & 2022 (2) Indian Civil Cases 505 (Cal.) are very important.  So the Officer-in-Charge of Golabari P.S.  is directed  to take necessary  steps  in the matter of implementation of injunction order over the  suit property which is situated at 26/21 Fakir Bagan Lane, P.S. Golabari, Dist. Howrah. Officer-in-Charge  of Golabari P.S. is specifically  directed to provide adequate police help over the suit property which is situated  above in the matter of implementation  of injunction order passed by this District Commission.

Let the copy of this order  be sent to Officer-in-Charge, Golabari P.S. for information  and taking necessary steps.

In the light of the observation made above  the MA Case No. 38/2023 be and the same is disposed of upon this contest.

Dictated & corrected by me.

President