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1991 Supreme(Cal) 112

AJOY NATH RAY
Land and Bricks and Entertainments Ltd. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Judgement

ORDER :- This is a writ application seeking to challenge a Circular dated 19th December, 1988 appearing at page 143 of the writ petition. The text of the Circular is as follows :

"The Calcutta Municipal Corporation Central Municipal Office Bldgs., Municipal Commissioners Office Dated, Calcutta, the 19th Dec. 1988 Circular No. 20 of 1988-89

ORDER

The Government having been satisfied that the Calcutta Municipal Corporation Act, 1980 contains no provision for relaxation in its S. 400 authorising an offending construc­tion to be completed on submission of a fresh plan and on payment of a fee at penal rate, the Governor has been pleased to invoke the provision of S. 15 of the said Act so as to order that the practice of regularising illegal construction on payment of a fee at a penal rate should be discontinued (sic).

The order of the Government is brought to the notice of the Hearing Officer (Building) and other Officers/Department dealing with and/or who may deal with cases of un­authorised construction of building for their guidance and complying with Government order.

Municipal Commissioner

To Hearing Officer (Building) Officers/Department dealing with unauthorised constructio






























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