IMPORTANT POINT
The court established that the Special Officer lacked jurisdiction to pass the demolition order as the Municipal Commissioner did not have the authority to delegate the relevant power to the Special Officer.

JUDGMENT :

Prasenjit Biswas, J:-

1. Both the revisional applications have been taken together for passing order. The revisional application (C.O. 3620/15) is preferred challenging the impugned order dated 21.08.2015 passed by the learned Municipal Building Tribunal, Kolkata Municipal Corporation in connection with Appeal No. 81 of 2005 in which order passed by the Special Officer (Building) in Demolition Case No. 43-D/2004-05 was affirmed on 05.10.2005.

2. This petitioner also preferred another revisional application being C.O. No. 2428 of 2015 challenging the order dated 13.05.2015 passed by the learned Municipal Building Tribunal, Kolkata Municipal Corporation in the same appeal being No. 81 of 2005 where the application filed by the petitioner with a prayer for passing fresh order for inspection was rejected.

3. Only point involved in this revisional application is whether the Special Officer (Building) lacks inherent authority or jurisdiction to entertain a proceeding under Section 400 (1) of the Kolkata Municipal Corporation Act as delegated to the Municipal Commissioner.

4. It is submitted at the behest of the petitioner that the opposite parties Nos. 3 and 4 (herein) filed a complaint against the petitioner regarding alleged unauthorized construction of a stair-case and at the instance of the complaint filed by those opposite parties the Kolkata Municipal Corporation initiated a demolition proceeding being Demolition Case No. 43-D of 2004-2005. After opportunity of being heard of the parties a demolition order was passed by a Special Officer (Building), Kolkata Municipal Corporation by which direction was given to demolish the stair-case of the present petitioner. It is further submitted that the present petitioner preferred an appeal before the Municipal Building Tribunal being Appeal No. 81 of 2005 challenging the said order of demolition passed by the Special Officer (Building) of the Kolkata Municipal Corporation but the said appeal was dismissed by the Tribunal by passing the order under challenge.

5. It is stated by the petitioner that during pendency of the appeal before the learned Tribunal he filed an application with a prayer for inspection to be made by an Engineer from the Kolkata Municipal Corporation on the points as set out in the said application. The learned Tribunal by passing an order dated 18th February, 2011 allowed the application with direction for inspection of the premises in question by an Engineer of the Corporation. Accordingly, inspection was made by the Engineer after due service of notice to the respective parties and filed a report before the Tribunal. Being dissatisfied with the report submitted by the Engineer concerned a petition was taken out on behalf of the petitioner with a prayer for cancellation of the report dated 18.04.2011 submitted by the Assistant Engineer, Kolkata Municipal Corporation and prayed for fresh order of inspection but the said petition filed by the petitioner herein was rejected by the Tribunal by passing an order dated 13.05.2015 and being aggrieved and dissatisfied with the said order the revisional application being C.O. No. 2428 of 2015 is preferred by the appellant.

6. At the time of hearing learned Counsel appearing on behalf of the petitioner draws attention of the Court about the decision rendered by a Coordinate Bench of this Court in case of Susama Saha vs. Kolkata Municipal Corporation reported in (2015) 5 CHN 309. The attention of this Court is further drawn by the learned Counsel of the petitioner to the decision rendered by a Co-ordinate Bench of this Court dated 15.12.2023 in case of Sri Nemai Naskar vs. Sri Pradip Acharya & Ors. in CO 1089 of 2008. It is argued by the learned Counsel that self same point was raised before the Coordinate Bench of this Court wherein the Co-ordinate Bench observed that the Municipal Commissioner cannot delegate his powers and functions under Section 400(1) of the unamended Kolkata Municipal Corporation Act, 1980. As per su