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AJOY KUMAR MUKHERJEE
Amar Krishna Ray – Appellant
Versus
Abhoy Auddy – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on unauthorized construction legality. (Para 6 , 7 , 8 , 9 , 10) |
| 3. opposing party's defense against appellate claims. (Para 11 , 12 , 13 , 14) |
| 4. judicial review of jurisdiction and nullity. (Para 15 , 18 , 19 , 20) |
| 5. court emphasizes jurisdictional authority and legal interpretation. (Para 16) |
| 6. nullification of unauthorized construction order. (Para 17 , 26) |
| 7. de facto officer doctrine and its implications. (Para 21 , 22) |
| 8. high court's supervisory jurisdiction limits. (Para 24 , 25) |
| 9. conclusion and directive for kmc actions. (Para 27) |
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. The present application has been preferred by the petitioner challenging three orders, being order 72 dated 19th June 2015, order no. 73 dated 30th June 2015 and order no 74 dated 16th September 2015, passed by the chairman, Municipal Building Tribunal, Kolkata, in B.T. Appeal No. 7 of 2008.
2. Petitioners contended that the petitioners are the owner of premises no. 90A and 90C, Ananda Palit Road, by virtue of purchase through registered deed of conveyance. The opposite party no. 1 herein is the owner of premises no. 90
The Special Officer lacked jurisdiction to regularize unauthorized construction under the KMC Act, rendering the action null and emphasizing the fundamental nature of jurisdiction in legal proceeding....
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
A decision by an authority impugned in a writ petition cannot be sustained if it fails to follow the directions in an earlier writ petition passed by a competent court.
The Tribunal has the authority to regularize minor violations of building regulations, and the High Court's supervisory jurisdiction does not extend to re-evaluating factual determinations made by lo....
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
The court emphasized that it cannot go into disputed questions of fact while exercising writ jurisdiction under Article 226 of the Constitution and highlighted the finality of orders and the bar on j....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
Civil suits challenging demolition orders for unauthorized construction are not maintainable where specific provisions of the DMC Act provide for an appellate forum, reinforcing the jurisdictional li....
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
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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