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SOUMITRA PAL
Rajesh Verma – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocate Appeared:
For the Petitioner:Raghunath Chakraborty, Advocate
For the Respondent:Alok Kumar Chosh, Sima Chakraborty and Gopal Chandra Das, Advocates

JUDGMENT :

Soumitra Pal, J.

In the writ petition, the petitioner has challenged the order dated 8th April, 2014 passed by the Municipal Building Tribunal, Kolkata Municipal Corporation upholding the order dated 21st June, 2010 passed by the Special Officer (Building) in Demolition Case No. 01-D/2010-11, Borough.-VI directing demolition of the premises.

2. Mr. Chakraborty, learned advocate for the petitioner, assailing the order passed by the Special Officer (Building) and the Tribunal submits that as the notice dated 22nd April, 2010 issued by the municipal authorities regarding the extent of unauthorised construction is vague and as copies of the documents were not furnished and there was no policy as recorded in the order dated 21st June, 2010 passed by the Special officer (Building) and as constructions of similar nature have been directed to be regularised on payment of fees and fine, appropriate order may be passed setting aside the orders under challenge and for de novo consideration of the matter. In this regard reliance has been placed on the judgments of the Apex Court in Muni Suvrat Swami Jain S.M.P. Sangh v. Arun Nathuram Gaikwad and other, AIR 2007 SC 38. Municipal Corpora





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