The judgment of the Court was as follows :––

Banerjee, J. : This application is at the instance of the Commissioner, Corporation of Calcutta challenging the order passed by the Building Tribunal. The facts leading to the case is that the opposite parties nos. 1 and 2 are the owners of the premises in question. The previous owner of the premises No. 58/1A, Ganesh Chandra Avenue, Calcutta filed a plan for sanction and by B.S. Sanction No. 101 of District-II issued on 20th February, 1968 the Corporation permitted her to construct a two storeyed structure with a staircase room at the 3rd storey at the premises No. 58/1A, Ganesh Chandra Avenue, Calcutta, subject to demolition of the existing structures to provide open spaces as per plan before starting of the constructions. The Corporation recalled a complaint about the unauthorized and illegal construction at the said premises No. 58/1A, Ganesh Chandra Avenue from the respondent No.3 and the City Architect, Corporation of Calcutta, directed the Building Inspector to inspect the site and submit a report. The Building Inspector inspected the premises on 29th March, 1972 and submitted a report with a sketch plan about the unauthori