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2007 Supreme(Cal) 514

DIPANKAR DATTA
MADHULATA KANKANI – Appellant
Versus
KOLKATA MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
Ajit Kumar Panja, ASOK DAS ADHIKARY, DIPANKAR CHAKRABORTY, JUGAL POREL, PRADIP TARAFDAR, RANJAN DEB, SAMIT TALUKDAR

( 1 ) FEELING aggrieved by the order dated 26. 4. 2007 passed by the Special officer (Building) of the Kolkata Municipal Corporation (hereafter the corporation) in Demolition Case No. 12-D/06-07, the petitioner has approached this Court with the present petition. By the said order, the Special Officer has directed the petitioner to demolish the impugned unauthorised constructions at her own cost and risk within 15 days from date of communication thereof, failing which the Corporation would be entitled to demolish the same at her risk and cost.

( 2 ) MR. Chakraborty and Mr. Das Adhikari, learned Counsel for the corporation and the private respondents respectively, at the outset, raised a preliminary objection regarding maintainability of the present petition. They contended that section 415 of the Kolkata Municipal Corporation Act, 1980 (hereafter the Act), inter alia, provides a forum for appeal against any order passed under section 400 thereof and, therefore, the petitioner ought to be relegated to the Building Tribunal. It has also been submitted by them that the exception (s) which would justify interference despite availability of an alternative remedy being non-existent in t



































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