HARISH TANDON
Susama Saha – Appellant
Versus
Kolkata Municipal Corporation – Respondent
Harish Tandon, J.
1. A short but interesting point is raised in this Revisional Application touching the competence and/or powers of the Special Officer (Building) to discharge the statutory duty and function of the Municipal Commissioner vested under section 400(1) of the Kolkata Municipal Corporation Act, 1980 as delegatee. An action has been taken against the Petitioner under Section 400(1) of the said Act alleging that they have illegally and unauthorizedly undertaken the construction work in violation of the different provisions of the said Act and the Rules framed thereunder. The Special Officer (Building) is acting as a delegatee to the Municipal Commissioner and hearing the proceeding and passing orders for demolition in the event such construction violates any of these statutory provisions. Such order is amenable to be challenged before the Building Tribunal by way of an appeal and against the Appellate Order further challenge can be made before the High Court under Article 227 of the Constitution of India. This is how the matter has come up before this Court and a point is raised at the behest of the Petitioner on the validity of the powers exercised by the Munic
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