KALIDAS DUTTA Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) THIS Rule arises out of an application under Article 227 of the Constitution challenging the order dated 4th june, 1980 passed by the learned Building tribunal, Corporation of Calcutta affirming the order of demolition of the portion of the structure, mentioned in the judgment of the Building Tribunal, marked abcd in the sketch plan and also the 5" masonry wall marked EF in the demolition sketch, passed by the Deputy Commissioner, Corporation of Calcutta,

(2.) THE order of demolition of the said construction was based on the fact that the said constructions were un authorized having violated Rules 5 and 19 of Schedule 16 relating to the Rules as to the use of building sites and execution of building work passed under the Calcutta Municipal act, 1951. The learned Building Tribunal dealt with the relevant aspects of the matter with reference to the said Rules and came to the conclusion that the said Rules have been violated in making such constructions rendering the constructions unauthorized and making them liable to be demolished and affirmed the order of the Deputy commissioner, Corporation of Calcutta dated 28th July 1978.

(3.) IN the present application, Kalidas dutta, the petitioner herein, has challenged' the said order dated 4th of June, 1980 and prayed for setting aside of the said order on the grounds as mentioned in the petition.