RAJIB KUMAR PAUL Vs. GURUDAS MITRA

JUDGEMENT

(1.) THESE appeals are directed against the judgment and order dated 18th April, 2001 passed by the High Court of Calcutta in M. A. T. Nos. 1746, 1626 and 1627 of 1999.

(2.) WE have heard the parties.

(3.) THE Special Officer, Building, the Calcutta municipal Corporation, after taking into account the application for regularization and the complaint, directed to demolish the unauthorized construction by its order dated 10. 6. 1994. Aggrieved thereby, the appellants preferred an appeal before the Building tribunal, which upholds the order of demolition passed by the Special Officer, building. Aggrieved thereby, Writ Petition no. 21521 (w) of 1999 was preferred. The learned single Judge by its judgment and order dated 23. 4. 1999 although upheld the order of the Tribunal, remanded the case to the Tribunal for fresh consideration. The division Bench of the High Court set aside the order of the learned Single Judge and allowed the appeal. The Division Bench of the High Court further directed the corporation authority to take immediate steps in terms of the order of the Special Officer and confirmed by the Tribunal. The authority was further directed to stop unauthorized use of the building either by guest house or by the bank or any other organization and/or firm and/or association under Section 416 of the Calcutta municipal Corporation Act, 1980.