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2012 Supreme(Cal) 55

DIPANKAR DATTA
Shrimati Anima Saha – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
Sourav Sen, Debjit Mukherjee

JUDGMENT

1. THE petitioner was accused of raising unauthorized construction in deviation of the building plan, sanctioned by the Kolkata Municipal Corporation (hereafter the Corporation), thereby violating its building rules. The Special Officer (Building), the opposite party no.3, passed an order of demolition of such unauthorized construction (vide order dated April 7, 1987). The petitioner carried the order in appeal before the Municipal Building Tribunal (hereafter the tribunal). The tribunal by its order dated January 6, 2000 dismissed the appeal. It was recorded in the appellate order that the petitioner had admitted raising of unauthorized construction and had prayed for retention thereof. Not having found any infirmity in the order under challenge, the tribunal while upholding it directed the petitioner to comply therewith and demolish the unauthorized construction within 30 days failing which the Corporation would be at liberty to demolish the same at the petitioner's risk and costs.

2. ON April 25, 2000, the petitioner applied for review of the order dated January 6, 2000 under Rule 19(5) read with Rule 24 of the Calcutta Municipal Corporation Tribunal (Conduct of Busine



























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