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1993 Supreme(Cal) 343

Bhagabati Prasad Banerjee, A.K.CHAKRAVARTY
Daulat Ram Nopany Charity Fund – Appellant
Versus
Calcutta Municipal Corporation – Respondent


Advocates Appeared:
Anindya Mitra, Pratap Chatterji,

JUDGMENT

1. THAT is an application for stay of operation of the order passed by the learned Trial Judge dated 16th July, 1993. By the said order the learned Trial Judge considering the facts and circumstances of the case and the conduct of the appellants writ-petitioners vacated the interim order of injunction granted on 11th October, 1991. The writ application is still pending.

2. IN this case against an order of demolition under Section 401 of the Calcutta Municipal Corporation Act the appellants filed a writ application before the learned Trial Judge for setting aside and/or quashing the said order under Section 401 of the said Act on the ground that the appellants writ-petitioners had made construction at premises No. 3. Pretoria Street, Calcutta strictly in accordance with the plan sanctioned by the Calcutta municipal Corporation and as the said construction was made strictly in accordance with the sanctioned plan the said notice of demolition on the face of it is malafide, wrongful and illegal On the strength of the sanctioned plan certain unauthorised constructions were made which were not disclosed in the writ petition. The learned Trial Judge by the order dated 26th April,











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