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2025 Supreme(Online)(Cal) 3982

CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
Bapi Chakraborty – Appellant
Versus
The Municipal Commissioner, Kolkata Municipal Corporation – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Biswaroop Bhattacharya, Mr. Chandrachur Chatterjee, Ms. Rubab Fatma
For the Respondents: Mr. Debjit Mukherjee, Ms. Priyanka Jana, Mr. Shourjyo Mukherjee, Mr. Vishwarup Acharyya

This application under Article 227 of the Constitution of India is at the instance of an owner of a commercial space of a multi-storied building and is directed against an order dated 25th April, 2025 passed by the Municipal Building Tribunal, Kolkata Municipal Corporation in B.T. Appeal No.113 of 2024.

By the order impugned, the learned Tribunal fixed

26th June, 2025 for filing receipt showing payment of cost and for hearing of the application under Section 5 of the Limitation Act and thereafter hearing of the stay application.

Mr. Bhattacharya, learned advocate appearing for the petitioner submits that challenging an order of demolition passed by the Special Officer (Building) on 5th December, 2022 in Demolition Case No. D-59-D/Br.- X/21-22, the petitioner preferred an appeal being B. T. Appeal No.113 of 2024 before the Municipal Building Tribunal. Since the said appeal was filed beyond the statutory period of limitation, the same was accompanied by an application under Section 5 of the Limitation Act . The petitioner has also filed an application praying for stay of the operation of the order of demolition passed by the Special Officer (Building).

Mr. Bhattacharya submits that

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