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1976 Supreme(Cal) 114

SABYASACHI MUKHARJEE
Mrityunjoy Sadhukhan – Appellant
Versus
Deputy Commissioner (B, and P. ) Corporation of Calcutta – Respondent


Advocates Appeared:
Sk. Abu Sufian, for Appellant; B. Banerjee, for Respondent.

Judgement

ORDER:- The petitioner in this application under Article 226 of the constitution has challenged the order dated 21st March, 1975 passed by the Deputy Commissioner (B and P) Calcutta. The order relates to premises No. 9, Raja Rajballav Street (back portion). It appears that there were certain constructions made on sanction which was obtained on misrepresentation. Therefore, the Deputy Commissioner on 3rd January, 1975, had ordered that the building plan sanctioned in favour of Sudhamoyee Pal being Building Plan No. 22 dated 25th April, 1973, in respect of 9, Raja Rajballav Street be cancelled and the work done pursuant to the sanction be considered to be done without sanction. The City Architect was directed to take steps under Section 414. It appears that pursuant thereto notice to show cause was issued and from the records produced by the Corporation at the hearing of this application before me it further appears that cause was shown personally. After consideration of the matter, the Deputy Commissioner passed the impugned order which is to the following effect:-

"From the departmental reports and on hearing the parties I am satisfied that the constructions under reference











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