FAZLE RASUL Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) A five-storied building has been constructed by the petitioner without obtaining a sanctioned plan.

(2.) The Corporation has invoked the provision of Sec. 400(8) of the Kolkata Municipal Corporation Act, 1980 (in short 'the Act') and has demolished a portion of the top floor of the illegal structure. The petitioner is aggrieved by the same.

(3.) It has been submitted that on the complaint lodged by the private respondent, the Corporation initially processed the case under Sec. 400(1) of the Act and subsequently, converted the proceeding from Sec. 400(1) to Sec. 400(8) of the Act. The petitioner submits that the same is impermissible in law.