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ARIJIT BANERJEE, KAUSIK CHANDA
Kolkata Municipal Corporation – Appellant
Versus
Firoza Begum – Respondent
JUDGMENT
Arijit Banerjee, J. - A judgment and order dated December 12, 2019, whereby W.P. No. 15249(W) of 2019 was disposed of, is the subject matter of challenge in this appeal.
2. The Writ petitioners approached the learned Single Judge challenging a notice dated July 31, 2019, issued under Section 412(1) of the Kolkata Municipal Corporation Act, 1980 (in short 'the said Act'). Section 412 of the said Act reads as follows:-
'412. Power to order building to be vacated in certain circumstances.- (1) The municipal Commissioner may, by order in writing, direct that any building, which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of Section 396 or Section 403, be vacated forthwith or within such period as may be specified in the order:
Provided that at the time of making such order, the Municipal Commissioner shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order, the Municipal Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction.
(3) Th
The main legal point established in the judgment is the justification for issuing a notice under Section 412(1) of the Kolkata Municipal Corporation Act, 1980, based on building violations, and the a....
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
A tenant of an unauthorized construction lacks standing to challenge a demolition order as they are not considered 'any person aggrieved' under Section 400(3) of the KMC Act.
The invocation of a civil remedy is not totally barred by Section 433A, and jurisdiction of the Civil Court could be invoked in a given case.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
Letters Patent Appeals - Rent Control and Eviction - Tenant - Restrictions on user of buildings and removal of dangerous buildings - Saving inheritance of High Court - Power conferred under Section 2....
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
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