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1991 Supreme(Cal) 290

K.M.YUSUF
Sankar Dutta – Appellant
Versus
Corporation of Calcutta – Respondent


Advocates Appeared:
S.A.M. Habibullah and Mrs. Ratna Ghosh, for Petitioner; Barin Banerjee, for Calcutta Corporation, for Respondents.

Judgement

ORDER :- The petitioner has moved the writ application challenging the two notices addressed to respondent No.6, Chandra Nath Banik, and one to the owner or occupier of premises Nos. 26 and 26/ 7, Hindusthan Park (now 26, Hindusthan Park). The two notices issued to the respondent No.6 are dated 14th July, 1978 and 28th August, 1978 issued by the District Building Surveyor, Dist. No.IX(B) and the Deputy City Architect, respectively, while the last notice is dated 1st September, 1978 signed by several officials including the City Architect and the Deputy Commissioner (A). The notice dated 14th July, 1978 issued by the D.B.S. directed the respondent No.6 that the impugned structure (i.e. the 9th and 10th storeys = 8th and 9th floors) of the said premises shown in the sketch map be demolished by the respondent No.6 failing which the demolition would be undertaken by the Corporation. The notice dated 28th August, 1978 by the Deputy City Architect fixed the date of demolition on 22nd September, 1978. The notice dated 1st September, 1978 under Section 557 of the Calcutta Municipal Act, 1951 was issued under the signature of several officers including the Deputy Commissioner(A) d














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