RAM AWATAR AGARWAL Vs. STATE

JUDGEMENT

(1.) This application is directed against three demolition orders passed by the Deputy Commissioner, Corporation of Calcutta for demolition of the unauthorised structure i.e. the 14 storied building at 174, Chittaranjan Avenue, Calcutta, on the ground that copies of the order made under Section 414 (3) of the Calcutta Municipal Act, 1951 were not served on these petitioners who are occupants of all these 13 floors of the aforesaid premises and also that there has been a non-compliance of the provisions of Sections 560 and 561 of the said Act, It has also been challenged that there has been a total violation of the principles of natural justice by refusing to give the petitioners who are seriously prejudiced and affected by the impugned orders of demolition dated 15-5-78 and 21-4-81 by not being given any opportunity of filing any objections against the purported orders and of denying any opportunity of hearing of their objections against those orders. On hearing orally the learned counsel for the petitioners ah interim order was made on 17-2-82 to the following effect. The respondents including the Corporation of Calcutta and/or its officers and servants were restrained from taking any step towards demolishing the tenanted portion occupied by the petitioners as well as from disconnecting the water supply in respect of so far as the tenanted portion is concerned at No. 174, Chittaranjan Avenue, Calcutta till 22-2-82 and the petitioners were directed to file the application duly affirmed by Friday, Feb. 19, 1982 on serving a copy of the said application on Mr. Pradip Kumar Ghose, learned Advocate for the Corporation of Calcutta. The application was specially fixed for hearing on 19-2-82 at 2 P.M.

(2.) Thereafter the petitioners served a copy of the application that has been affirmed by them on the learned Advocate for the respondents. The interim order is continuing.

(3.) The petitioners who are about 60 in number claimed in this petition that they are occupying all the 13 floors except the first floor which is occupied by the Rajasthan Bank Ltd. as tenants under one Shyamlal Agarwal who is admittedly the lessee from one Durga Devi Bhakat, the owner of the aforesaid premises. It has been further stated that as regards 10 to 13 floors of the said premises out of these petitioners 17 of them (not specified in the petition) are occupying as tenants in July 1981, It has also been stated that for the first time these petitioners came to know on 16-2-82 from the newspaper report that the building was going to be demolished. They tried to meet the lessee Shyamlal Agarwal (respondent No. 11) on 16th February, 1982 but could not meet him and on 17th February, 1'982 these petitioners however met the respondent No. 11 and they were informed that three purported orders of demolition were passed in gross violation of the principles of natural justice and in gross violation of the statutory provisions and out of these three demolition orders the first one related to demolition of ground floor to 6th floor of the said premises. They were also informed by the respondent No. 11 that the challenge thrown against the first demolition order became unsuccessful up to this Court and as regards the other two demolition orders challenge was made in two appeals being Appeals Nos. 63 and 64 of 1981-82 before, the Building Tribunal and stay was obtained which is still in force. In this petition it has also been stated that one of the tenants i.e., petitioner No. 60 instituted a suit being T. S. No. 192 of 1982 in the City Civil Court, Calcutta on 5-2-82 challenging the demolition order and an interim order was obtained on an application under Order 39, Rule 1, C.P.C. restraining the Corporation of Calcutta from proceeding with the work of demolition. The said order is in force even now,