KAJAL MAJUMDAR Vs. SK. MANSUR ALI

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated September 22, 2022, whereby an application for recall of an order dated June 21, 2022, being CAN 1 of 2022, was dismissed. The judgment and order dated June 21, 2022, was passed by the learned Single Judge disposing of WPA 2978 of 2020 by directing implementation of a demolition order.

(2.) The material facts of the case are that on a complaint received from the present writ petitioner who is a neighbour of the appellant herein, to the effect that the appellant has made unauthorised construction, a demolition case was initiated by the Special Officer (Building), Kolkata Municipal Corporation (KMC). The Special Officer (Building) passed a final order, after hearing all the parties, allowing the appellant herein to retain the impugned construction upon payment of certain charges.

(3.) The writ petitioner herein carried such order in appeal before the Municipal Building Tribunal being B.T Appeal No. 68 of 2014. The Tribunal reversed the order of the Special Officer (Building) and passed an order dated December 9, 2022, directing demolition of the construction put up by the appellant herein.