ISSA HUSSAIN Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The order passed by the Municipal Building Tribunal on 4/11/2022 in BT Appeal No. 52 of 2021 dismissing the appeal preferred by the petitioner thereby affirming the order passed by the Special Officer (Building) in demolition case no. 12-D/Br-VI/16-17 in respect of premises no. 27 Pemantle Street, Ward no. 62, Borough VI of the Kolkata Municipal Corporation is impugned in the instant writ petition.

(2.) The petitioner and the private respondent no. 5 are co-tenants of the subject premises which is a waqf property. The petitioner occupies the first floor and the private respondent no. 5 occupies the second floor. Protesting the illegal activity of the private respondent in constructing structures on the roof of the first floor without any sanction of the authority, the petitioner lodged complaint before the Corporation. As the complaint of the petitioner was not redressed a writ petition was filed before the Court being WP No. 839 of 2016. Order was passed in the said writ petition on 1/9/2016 by directing the Corporation to initiate demolition proceeding as the Corporation issued notice under Sec. 400(1) of the KMC Act, 1980 and to conclude the same after affording opportunity to the parties to adduce evidence and by passing a reasoned order.

(3.) In compliance of the order passed by the Court demolition proceeding under Sec. 400(1) of the KMC Act, 1980 was initiated. The Special Officer (Building) passed order on 26/4/2017 directing regularisation of the construction made subject to certain conditions namely production of a stability certificate from the KMC Empanelled Structural Engineer and to deposit the fees demanded. Challenging the said order, the petitioner filed a further writ petition being WP No. 739 of 2017 which was heard and disposed by the Court on 4/5/2018 by setting aside the regularisation of the unauthorised construction made at the behest of a person who is not entitled to apply for sanction. The Court directed the Special Officer to complete the demolition proceeding in accordance with law.