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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Bapi Chakraborty – Appellant
Versus
Municipal Commissioner, Kolkata Municipal Corporation – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of person responsible and is directed against the order being no. 18 dated August 27, 2025 passed by the Municipal Building Tribunal, Kolkata Municipal Corporation in Appeal No. 113 of 2024.
2. y the order impugned the application under Section 5 of the Limitation Act stood rejected with cost of Rs. 15,000/- to be deposited by the petitioner within the time limit indicated in the said order.
3. A proceeding under Section 400 /400(1) and 416 of Kolkata Municipal Corporation Act, 1980 in respect of premises no. 92/1, Dr. Daudar Rahman Road within Ward no. 89 under Borough - X being Demolition Case No. 59-D/Br-X/21-22 was initiated against Dulal Chakraborty and others. The Special Officer (Building), Kolkata Municipal Corporation passed an order dated December 5, 2022 directing demolition of all walls shown in red colour at parking space within the time limit indicated in the said order. The change of use of first floor was allowed to be retained on payment of fees under (1) and 416 of the Kolkata Municipal Corporation Act within the time limit indicated in the
An order affecting a person's rights is effective only when communicated, starting the limitation period from that date, not the date of the order itself.
An order passed in breach of the principles of natural justice is null and void and non-est in the eye of law.
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The judgment emphasizes the need for planned development and the importance of obtaining formal permission for construction, highlighting the consequences of unauthorized construction.
Proper service of notice under the Kolkata Municipal Corporation Act can be achieved through speed post, satisfying statutory requirements for natural justice.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
The court upheld the importance of presenting fraud allegations in the correct procedural context, rejecting a petitioner's late claims of fraud due to prior document legitimacy issues and suppressio....
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