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1984 Supreme(Cal) 235

P.C.BOROOAH
SIDDHARTHA – Appellant
Versus
CALCUTTA MUNICIPALITY – Respondent


Advocates Appeared:
S.K.ROY CHAUDHARY

P. C. BOROOAH, J.


( 1 ) THIS application has been filed by the petitioner Siddhartha Bhattacharjee claiming to be the owner of premises No. 543, Rabindra Sarani, previously numbered as 242, Upper Chitpur Road within Shyampukur Police Station in Calcutta. The petitioner has challenged the validity of a notice dt. 26-6-1984 issued by the Commissioner of the Calcutta Municipal Corporation under R. 5 (4) of Schedule XVII of the Calcutta Municipal Act, 1951, inter alia, to the effect that premises No. 243, Rabindra Sarani would be demolished as it is a dangerous structure. A copy of this notice is included in Annexure "a" to the petition.

( 2 ) MR. S. K. Roy Chowdhury appearing on behalf of the petitioner has drawn my attention to paras 7 and 9 of the petition and submits that an employee of the Lakshmi Flour Mills of 542 Rabindra Sarani has caused and manipulated the demolition order with oblique motives. Both these paragraphs have been affirmed as true to the knowledge of the deponent. I fail to understand how such sweeping allegations made, inter alia, against the Corporation Authorities can be true to the knowledge of the deponent. On this ground alone this petition is entitled to





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