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1972 Supreme(Cal) 199

ARUN KUMAR MUKHERJEE, SABYASACHI MUKHARJEE, M.M.DUTT
PURUSOTTAM LALJI – Appellant
Versus
RATAN LAL AGARWALLA – Respondent


Advocates Appeared:
ALOKENDU MUKHERJEE, ARCHANA SENGUPTA, B.DAS, B.S.Bagchi, BRATIN BANERJEE, R.K.BOSE, TAPAS BANERJEE

SABYASACHI MUKHARJI, J.

( 1 ) RATAN Lal Agarwalla and Lakshmi Chand Agarwalla. are the owners of three-fourth share and trustees for remaining one-fourth share in premises No. 21. Hanspu-kur First Lane, Calcutta. The adjoining premises No. 20-A. Hanspukur First Lane is a trust property of which the trustees are mentioned in paragraph 3 of the petition under Article 226 of the Constitution to this Court. It was alleged in the petition that at the back of premises No. 20-A, Hanspukur First Lane, there was a space in which there existed a structure with Raniganj tiled sloped roof. It has been further alleged that the owners of the premises raised the height of the walls and constructed a roof thereon without any sanction by the Corporation of Calcutta. On a complaint by the petitioners action was taken by the Corporation of Calcutta. A notice was issued under Section 416 of the Calcutta Municipal Act, 1951, and thereafter the matter came up before the Commissioner under Section 414 of the said Act. Upon this the Commissioner having considered the matter passed the following order on 16th May, 1962--"heard representatives of both the owners and the complainants. There is a roof, but t






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