KOLKATA MUNICIPAL CORPORATION Vs. FIROZA BEGUM

JUDGEMENT

(1.) A judgment and order dated December 12, 2019, whereby W.P. No. 15249(W) of 2019 was disposed of, is the subject matter of challenge in this appeal.

(2.) The Writ petitioners approached the learned Single Judge challenging a notice dated July 31, 2019, issued under Sec. 412(1) of the Kolkata Municipal Corporation Act, 1980 (in short 'the said Act'). Sec. 412 of the said Act reads as follows:-

(3.) Before the learned Single Judge as also before us, learned Advocate for the writ petitioners/respondents argued that no reasons have been recorded in the notice impugned as to why the Municipal Commissioner is of the opinion that the building in question is in a dangerous condition. Nor is it recorded in the notice that the building is not provided with sufficient means of egress in case of fire or that the building is occupied in contravention of Sec. 396 or Sec. 403 of the said Act. Recording of a brief statement of the reasons for which such notice is issued, is a statutory mandate in the proviso to Sec. 412(1) of the said Act. Hence the notice is bad in law. The impugned notice reads as follows:-