MAHADEV SHAW Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) This appeal is under Clause 15 of the Letters Patent against the judgment of our learned brother T. P. Mukherji J. under leave, given by him under the said Clause.

(2.) The appeal is directed against the judgment and decree of our learned brother, setting aside the judgments and decrees of the courts below, decreeing the plaintiff's suit for permanent injunction against the respondent-Corporation of Calcutta to restrain them from demolishing the plaintiff's disputed structures.

(3.) The relevant facts are admitted and they are as follows: The disputed construction appears to have been detected by the Corporation authorities in December, 1951. They were actually completed in or about March, 1952. During these periods, the old Calcutta Municipal Act of 1923 was in force and the Corporation authorities duly issued a stop-work notice under Section 365 of the said Act Actually, however, no step was taken under Section 363 of the above Act, either in the shape of issue of a show cause notice under that Section or an enquiry, as contemplated therein. After the new Act had come into force on May 1, 1952, proceedings were taken for demolition in accordance with the said new Statute and, thereafter, the instant suit was filed on April 3, 1954, for restraining those proceedings.