AMLAN GHOSH Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) This petition is directed against an order dated 1st August, 2008 passed by the Municipal Building Tribunal in BT Appeal No.32 of 1999 (Sri Dijendra Chandra Roy vs. Municipal Commissioner and Ors.). By the impugned order the Tribunal had inter alia set aside an order passed in Demolition Case No.54- D/1999-2000 passed by the Special Officer dated 9th September, 1999.

(2.) The facts culminating in the filing of this petition are as follows:

(3.) The petitioner challenged the impugned order on the ground that the same was misconceived and unwarranted. It was alleged on behalf of the petitioner that the Tribunal had failed to appreciate the true scope, purport and ambit of Section 400 (1) and that the Tribunal failed to properly exercise its jurisdiction. It was further alleged that there was an error apparent on the face of the records and the Tribunal has failed to take into consideration the records of the demolition case and that the Tribunal had completely ignored the documentary evidence of the demolition case in passing the impugned order. It was further alleged on behalf of the petitioner that the Tribunal failed to act on the directions of the High Court. The petitioner further alleged that there was no justification or foundation in the findings of the Tribunal that the disputes between the parties were civil in nature. The petitioner further alleges that the Tribunal erred in ignoring and disregarding the entire proceedings which arose out of the Demolition Case No.54-D/1999-2000 and erred in law in holding that the Special Officer had no jurisdiction to deal with the matter of unauthorized construction.