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1952 Supreme(Cal) 22

CHAKRABARTI, SINHA
KARTICK CHANDRA – Appellant
Versus
CORPORATION OF CALCUTTA – Respondent


Advocates Appeared:
Jogesh Chandra Sinha, SUNIL KUMAR BASU

CHAKRAVARTTI, J.

( 1 ) THESE are two Rules one taken out by Dr. Kartick Chandra Bose who is admittedly the owner of premises No. 45 Amherst Street, and the other taken out by seven other persons who claim to be occupiers of the same premises. The Rules are directed against an order, dated the 29th of June, 1951, passed by the Third Municipal Magistrate of Calcutta, whereby the learned Magistrate directed certain structures to be demolished.

( 2 ) IT appears that on the 22nd of March, 1949, the Corporation received a letter from one D. K. Dutt who is the owner of premises Nos. 128 and 130 Keshab Sen Street, Calcutta, and by that letter the said D. K. Dutt complained that certain unauthorised structures had been put up at 45, Amherst Street with the result that the access of light and air to the adjacent premises owned by him had been materially affected. Prior to the receipt of this letter, however, the unauthorised structures had already received the attention of the inspecting staff of the Corporation and on the 21st of March, 1949, they had already made a report that certain unauthorised structures, some of which were still in the process of construction, had been detected. The























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