1

OF
a n OF
COUNCILLORS OF KI
cOUNCILLORS OF KURSEONG MUNICIPALITY
BOARD
OFFICE OF
THE
KURSEONG

eedings ooff tthe tripartite meeting held amongst the

proceedings

Minutes ofthe tenants and the Board of Councillors

his tenants
Agarwal
J.P of
ofShri held Wednesday
Wed the 16". May 2018 at
r e p r e s e n t a t i v e

held on
o n
M u n i c i p a l i t y
02.30 p.m. in the
Kurseong8
Municipal Office Kurseong.

Present Vice-Chairman
Gurung,

1. Shri
Brigen
Councillor Ward No g
Yonzon,
Pemba
2. Shri Councillor Ward No. 6
Sundas,
3. Shri
Raju Councillor Ward No, 18
Tamang Negi,
Shiva
4. Shri C o u n c i l l o r Ward No. 19

Deoki P Subba,
5. Smt. Councillor Ward No. 4
Tshering Lepcha,
Sandhya
6. Smt. C o u n c i l l o r Ward No. 14

Shri Rabin Tamang,

7. C o u n c i l l o r Ward No. 15
Patwari,
Shri Santosh
8. C o u n c i l l o r Ward No.
9
Shanti Rai,
9. Smt. Councillor Ward No. 5
Moktan Lama,
10.Miss Moti
Councillor Ward No. 3
11.Smt. Gracy Bhutia, 13
Councillor Ward No.
Lama,
12.Smt. Amita
Councillor Ward No. 10
Tamang.
13.Smt. Dolma
Councillor Ward No. 7
14.Shri Shyam
Sherpa,
Executive Officer
Bhattacharjee,
15.Shri Chhabi
Assessment-in-Charge
16.Shri Pritam
Chhetri,
S.A.E. (Buldg. Plan)
17.Shri G.P. Adhakari,
18.Shri Deoraj Agarwal
19.Shri Nim Chand Agarwal

20.Shri Trilok Chand Agarwal

Kumar Prasad
21.Shri Chandan

22.Shri Hare Ram Prasad Gupta

23.Shri Khasta Kumar Pradhan
24.Shri Sunil Agarwal
25.Shri Chandan Karmakar

26.Shri Brijesh Kr. Gupta

27.Shri Barun Agarwal
and took
Shri Brigen Gurung, Vice- Chairman welcomed all present in the meeting
the chair to preside over the meeting and on his having read the notice calling
the meeting and informed that it is a one point agenda regarding the dilapidated
No. 15 of Shri
two storied building situated at H. No.11 7 84, B.D. Road, Ward
Jadish Prasad Agarwal i.e. from Washerman's shop upto Glass House Shop, on
receipt of petition dated 31/3/2018 received from Shri Jadish Prasad Agarwal and
he hoped that outcome of the meeting will be fruitful and informed that shri
Jadish Prasad Agarwal is being represented by his brother Shri Deoraj Agarwal and
Shri Trilok Chand Agarwal is being represented by his brother Shri Nim Chand
Agarwal and informed that Executive Officer, Kurseong Municipality, Block
 and
pevelopment Officer, Kurseong officer-in-Char.
ge,
submitted their inspection report of the above Kurseong fire ation had
mentioned
Divisional Magistrate, Kurseon8 and
S.D.M. has issued building to the
S.D.M. has

2003and 2014 but the building was not demolishecd demolitionon orderSutin
and Shri
reasons
fo being able to do Jadish Prasad
Agarwal has 8Iven various
that and
the
did not vacate
reason is that all the tenants
between shri Jadish Prasad Jadish building, and
enquired
the main
agreement executed in
ian on this Shri Deos
Agarwal and the whyhave
the tenants the
the petition on this Deoraj
not been attached with Agarwal informed
has submitted in the
Municipality and shri
bind pra
Gobind Prasad that it
resumed informing
that Municipality Agarwal
is a media confirmed it
and Vice-Chai to assist
the parties and the Municipality wants the owner and tenants to have both
themselevesceleves to ena
enable the
understanding
for
in between to
demolition of the building and requested Shri Deoraj Agarwal toissue N.0.c.
assure the
Municipality
in the new
them in new building
building to
the to ibe
accommodating constructed and
Deoraj Agarwal informedasked
tenants for
to lay his ievances, and Shri Deorai.
grievances,
Shri Deoraj Agarwal was executed in the court
that
agreement executed court between the owner
in 2004 a registered that the tenants shall
wherein it is clearly mentioned
vacate the
and the tenants
some of the tenants vacated hit .
demolition and
building for of the dilapidated buildina
and the demolition could not be
vacated till date written by Kamakhya Prasad hu.
letter
there is a not
carried on, and
on this Shri Chandan Kr. Prasad informed that it is
know him and
is not a tenant,
resumed intorming that the building is nasd
Shri Deoraj Agarwal
his uncle, and condition and ne Is having documents issued
is a dilapidated by
100 vears old and condition ancd ir any untoward incident occurs in
different deptts. Regarding it s
Shri J.P. Agarwal said that Shri J.P. Agarwi
representative of
the building the s o m e or the tenants have violated the cOurt
not be held responsible as
should
order (agreement),

asked the tenants

to lay their grievances
Vice-Chairman

was executed between the

informed that as agreement
Shri Nim Chand Agarwal
it he was one the first person to vacate the
in 2004 and as per
tenants and owner
made in his name till date, on this Shri
complaints are being
building but the rooms and one of Shri Nim Chand
that there were two
Deoraj Agarwal explained brother Shri Trilok Chand Agarwal
and both of the
other of his
Agarwal and the is the person that vacated the
now but he is not sure who is
rooms are damaged
resumed informing that as per agreement
and Shri Nim Chand Agarwal
building, because of their economic
vacated the building but s o m e could not
tenants
some their large families but
have any other m e a n s to support
condition as they did not in other places
business
could iot even affard to carry their
their shops and they the building from the
the o w n e r to construct
and the tenants had requested vacate the building
in the
to shift the tenants who could not
side so as
Shri Deoraj Agarwal
southern

rooms of the southern side on their completion, on this ha3s

not direct the o w n e r
from where construction
informed that the tenants can
construction as per
direction of his pundi
to be started as the owner will start the resumed
and Shri Nim Chand Agarwal
and the starting place could be any where vacate the
that tenants will
that there was also an understanding
nrorming building was never
started and in 200
Duilding when construction starts but the i

was done by the

B.D.O. and in that report
physical building
verification of the
nas been clearly mentioned which part of building has pucca or k d l
 remaining ike that since
Structure, and it has been 2004 and
some tenants
not yet vacated the building hae
informed that
14 years
Karmakar
he vacated
Shri Chandan and he ha
has the
have
executed
indvidually
become a victim asbuding and
agreements
the case s
still unsettled
that in
that 2004
in 2004 he
Gupta
informed
vacated
the
Shri H a r i r a m Prasad
condition
but 14 years
passed but that building inding
have

it in a
dilapidated
told that
thin 2 ye
within vears new bulding st
building will be constructed is

though he
was

Pradhan infn
there
of K.K.Pradhan informed that
Pradhan
representative

nied further he the buiding

ding was
Shri Anish
it had to be
occupied
informed that if the
vacated but later on
it will
take the hsl
to construct the
building that will be owner
much time better
tter,
m e n t i o n s how i n f o r m e d that he can
not
the time as
o n this
Shri Deoraj Aganwal
nical matte
is technical matter, further making
of the building he
informed
plan and
construction
reports or
Executive Officer K.
inspection ng Municipality
having tation and also order of the co
that he is Fire Static and as per
and Kurseong
B.D.O. Kurseong hween the owner
o w n e r and the t tenants, and both parties hast o
b e t w e e n the
executed
t e n a n t s will be accommod
agreement
assured that
al t h e bdate
in the new
honor, and
he
tne Municipality to issue N.O.c. for do
to
now it is up
building and ir t n e o w n e r dna the tenants come to
informed tnat
thic Vice-Chairman
Municipalnty
n a s n o oojection at all, and enquired the i#
the
understanding then and Shri Deoraj Agarwal informed it will be
plan has been prepared
building and regaraing it and
how much time it will take
soonas per norms
prepared very c o n s t r u c t i o n or the buiding is a technical m a t t e r
to make it
as
for the Engineers this issue.
G.P. Adhakari
on
with Shri
he will enquire
that 14 years have passed since execution of the
Pradhan informed
Shri Subash
the Board's knowledge that the owner has not
it has come to
agreement and now earlier and requested Shri Deorai
it should have done
made building plan though
the new building, so that B.D. Road may
for construction of
Agarwal to take steps some revenue from the building and
Municipal may e a r n
have a new look and
wherein it has to be mentioned that rooms
for making an agreement
suggested
tenants after
construction of the building
will be allotted to the
the matter and
house
Chettri, A.I.C. to brief the
on
Vice-Chairman asked Shri
P.K.
on different dates
that there are two deeds, purchased
Shri P.K.Chetrri briefed
but this is not a protruding point,
and both the
and there may be two holdings
in between them, and it is not a wise thing
parties have executed an agreement
for the Municipality to issue order for
it'll appear that the Municipality is
court order which both the parties
have to honor and now it has
superseding
not demolishing the
come to the knowledge of the Board that the main reason for
but both the
building is due to non vacating of the building by some tenants,
both have
parties seem to be keen for construction of the new building as
Sustained loss for the last 14 years and if both the parties settles the case

amicably, one by vacating the building and the other by making a comprehensive
plan of the building and mentioning the names of the tenants in the rooms ot tne
plan, further he informed that there is a P.W.D. Rules for construction of buildings
on the road but it can be found out from the deptt. then Shri G.P. Adhakart,
S.A.E (Builg. Plan) informed that when Shri P.C. Agarwal was the Chairman and
Shri D.K. Sharma was the Executive Officer of the Municipality physical inspection
of the
building of Shri J.P.
was sent and Agarwal was done by the
wherein names suggested for submissi
ission of the Municipalit
Owner)
with the
of
is to be
the tenants
(who
mentioned in the rooms as
have executer
the
Comprehensive
deed of
and the report
Building Plar
tenants, and requested both the owner agree
eement vwith the ian
Sercie the
matter that
parties to set purcha
aside thased the building
so a new building can
can be eir differences
parues
amicably agreed upon to abide by this opinionconstructed
constr
ion thus decided.
thu on
this, both to
Lastly Vice-Chairman informed that the Board l the
sit with
different dates to get hoth the parties
the tenants on
the
settlement so that new building can be to owner
owner
constructed come to an as well as
Thereafter there being no discussion to be made amicable
the
of thanks to the chair and from the chair. meeting ended with
a
1ote
vot

Executive-Officer,
Kurseong Municipality Vice-Chairman,
OFFICE OF THE BOARD OF Kurseong Municipality
COUNCILLORS OF KURSEONG MUNICioA
Memo No./8.As 1/ iP ALITY
Dated. 2:JA)E.
Copy to:
Shri/ Smt..ecnii }arnra l

Councillor. W. No. ...

Vice-Chairman,
Kurseong Municipality