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CALCUTTA HIGH COURT
PARTHA SARATHI CHATTERJEE, J
SGPT ENTERPRISE & ORS. – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
| Table of Content |
|---|
| 1. questioning legality of demolition action based on previous sanctions. (Para 2 , 3) |
| 2. arguments regarding procedural injustices by the archaeological survey of india. (Para 4 , 6) |
| 3. court observation on compliance with natural justice principles. (Para 5 , 8) |
| 4. judicial emphasis on necessity of fair hearing before enforcement actions. (Para 9) |
| 5. final order to dispose of the writ petition with directives. (Para 10) |
1. In questioning the justifiability of the notice dated 11.02.
2021 issued by the respondent no. 3, the present writ- petition has been preferred. Additionally, the petitioners pray for issuance of a writ of certiorari for quashing of that notice. Furthermore, the petitioners pray for an appropriate order and/or direction and/or writ, particularly, in the nature of prohibition, restraining the respondents from taking any steps for demolition of the petitioners’ building, which according to the petitioners, was constructed based on the building plan sanctioned by the competent authority.
2. The petitioner no. 1, being a developer, entered into an agreement with the owner of the land in question and in terms of the agreement, developed the land and constru
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