BALAI CHAND KUNDU Vs. MUNICIPAL COMMISSIONER, KMC

JUDGEMENT

(1.) Both the revisional applications have been taken together for passing order. The revisional application (C.O. 3620/15) is preferred challenging the impugned order dtd. 21/8/2015 passed by the learned Municipal Building Tribunal, Kolkata Municipal Corporation in connection with Appeal No. 81 of 2005 in which order passed by the Special Officer (Building) in Demolition Case No. 43-D/2004-05 was affirmed on 5/10/2005.

(2.) This petitioner also preferred another revisional application being C.O. No. 2428 of 2015 challenging the order dtd. 13/5/2015 passed by the learned Municipal Building Tribunal, Kolkata Municipal Corporation in the same appeal being No. 81 of 2005 where the application filed by the petitioner with a prayer for passing fresh order for inspection was rejected.

(3.) Only point involved in this revisional application is whether the Special Officer (Building) lacks inherent authority or jurisdiction to entertain a proceeding under Sec. 400 (1) of the Kolkata Municipal Corporation Act as delegated to the Municipal Commissioner.