OUTRAM CLUB Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The Petitioner No. 1 is a Social Club registered under the West Bengal Societies Registration Act, 1861 and carries on cultural activities and is situated at 3, Outram Street, Kolkata. It was inducted as a tenant on 25.7.1982 in respect of the rear of the ground-floor of the main building by the owners by a written Agreement. The Petitioner No. 2 is the President of the Club.

(2.) The Municipal Building Tribunal, Kolkata and its Chairman passed an Order on 4.12.2008 in B.T. Appeal No. 40 of 2003 whereby and whereunder the said Appeal was dismissed on contest and the Order appealed against, being the Order dated 8.5.2003 passed in D. Case No. 532-D of 2001-2002 in respect of the said 3, Outram Street, Kolkata (hereinafter referred as the said Premises) was affirmed with a direction upon the Club to comply with all the terms and conditions of the said Order and to carry out the demolitions under Part "B" of the said Order within 60 days from the date of the Judgment failing which it was Ordered that the Kolkata Municipal Corporation will demolish the same at their cost.

(3.) These are the subject matter of challenge before this Court in this Writ Petition and the Order is Annexure- P/5. The other Order against which the Appeal was preferred being Case No. 532-D of 2001-2002 dated 8.5.2003 has been brought on record vide Annexure- P/3.