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2004 Supreme(Cal) 606

ARUN KUMAR
MEWA DEVI AGARWAL – Appellant
Versus
CALCUTTA MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
DIPANKAR CHAKRABORTY, SIMA CHAKRABORTY

ARUN KUMAR BHATTACHARYA, J.

( 1 ) THE hearing stems from an application filed by the petitioners praying for revision of the order dated 05. 12. 1998 passed by the Municipal Building Tribunal, Calcutta Municipal Corporation in Appeal no. 13/1993 affirming in part the order dated 27. 01. 1990 passed by the municipal Commissioner in Case No. 89-D of 1987-88.

( 2 ) THE background history of the said revision is that the petitioners are tenants in respect of a tin shade at a monthly rental of Rs 100/- under Estate kumar Jagadish Chandra Sinha since June, 1987. The O. Ps. initiated a demolition case being No. 89-D of 1987-88 in respect of the said tenanted premises without service of any notice upon the petitioners, and the Special officer (Building) passed an order dated. 27. 01. 1990 for demolition of the said tenanted room without assigning any reason holding petitioners as also landlord responsible for the unauthorized construction. Neither any notice of the inspection alleged to have been held by the Building Inspector nor report of inspection was served upon the petitioners and the owner of the premises. The order of demolition could not be passed as the structure is a kutcha on







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