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2017 Supreme(Cal) 820

SABYASACHI BHATTACHARYYA
Lalit Himatlal Kampani – Appellant
Versus
President, Advertising Club, Calcutta – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.P. Sarkar, Mr. Barin Banerjee, Mr. Shaunak Ghosh, Mr. Rajib Mullick,
Ms. Monika Dey
For the Respondents: Mr. Siddhartha Banerjee, Ms. Antara Chatterjee, Mr. Pijush Biswas, Mr. Avishek Das, Mr. Arindam Banerjee, Mr. Bimal Sanganaria, Ms. Tanuka Basu
For the Kolkata Municipal Corporation : Mr. Achintya Kumar Banerjee

JUDGMENT :

Sabyasachi Bhattacharyya, J.

The present application under Article 227 of the Constitution of India has been filed against an order dated August 16, 2017 passed by the Municipal Building Tribunal of the Kolkata Municipal Corporation. Upon a demolition order being passed under Section 400 of the Kolkata Municipal Corporation Act, 1980 against the opposite party no. 1 by the Municipal Commissioner, Kolkata Municipal Corporation, the opposite party no. 1 preferred an appeal, bearing Building Tribunal Appeal no. 39 of 2011, before the Municipal Building Tribunal. In such appeal, the opposite party no. 4 sought to be impleaded as a co-appellant on the strength of his purchase of the disputed flat from the appellant/opposite party no. 1 on February 18, 2014. Such prayer was initially refused but, upon such refusal order being challenged in W.P. No. 2222(W) of 2016, this Court permitted the opposite party no. 4 vide Order dated February 25, 2016 to participate in the appeal and the Tribunal was directed to entertain such prayer of the opposite party no. 4. Thereafter, the opposite party no. 4 renewed his prayer for being impleaded in the appeal upon which, vide order dated May 5,






















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