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2008 Supreme(SC) 145

H.K.SEMA, LOKESHWAR SINGH PANTA
Rajib Kumar Paul – Appellant
Versus
Gurudas Mitra – Respondent


Judgment

H.K. Sema, J. —

1.These appeals are directed against the judgment and order dated 18th April, 2001 passed by the High Court of Calcutta in M.A.T. Nos. 1746, 1626 and 1627 of 1999. We have heard the parties.

2.The undisputed facts are:

Premises No.4H, Panchanantala Road, Calcutta, was originally sanctioned as residential. It is also not disputed that the said building was subsequently converted from residential to commercial (change of land use) unauthorizedly without obtaining sanction from the appropriate authority. In the said building, the major portion of the garage space was being used as commercial and the appellants have started business like M/s. Atithi (Restaurant), M/s. Avinandan (Sweat meats), M/s. Avisar (Furniture) and M/s. Apsara (Ladies Beauty Parlour). It is also not disputed that the appellants have also started another business namely M/s. Aithi Guest House during June, 1990. It is alleged that the said guest house has also been misused for immoral activities. We are not concerned.

3.The aforesaid admitted facts are born out from the application dated 29.6.1993 addressed to the Municipal Commissioner, the Calcutta Municipal Corporation. In the said applicatio

































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