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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Bapi Chakraborty – Appellant
Versus
Municipal Commissioner, Kolkata Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petition challenging municipal tribunal order (Para 1 , 2) |
| 2. demolition proceedings and appeal process (Para 3 , 4) |
| 3. arguments regarding delay and awareness (Para 5 , 6 , 7) |
| 4. approval required for enforceability of orders (Para 9 , 10 , 12 , 13) |
| 5. judicial interpretation on appeal filing (Para 14 , 16) |
| 6. communication of orders to aggrieved party (Para 17 , 18) |
| 7. commencement of limitation period for appeals (Para 19 , 20 , 21) |
| 8. distinction in supreme court's case application (Para 22) |
| 9. court's interference in prior tribunal order (Para 23 , 24) |
| 10. instructions for municipal tribunal's further action (Para 25 , 26 , 27) |
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 40
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.
The approval of the Board of Administrators was a mere formality, and the calculation of retention fees should have been based on the rates prevailing during the financial year 2018-19, as per the bu....
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....
A party must fully disclose related ongoing proceedings in the court to avoid misleading the tribunal, particularly when fraud is alleged.
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