SUNIL CHANDRA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE writ petitions have been heard separately but since common questions of law are involved, this Court proposes to dispose of the same by this common judgment.

(2.) FOR the sake of clarity, the six first named petitioners shall be referred to by their respective names.

(3.) IT is the common grievance of all the petitioners that without taking recourse to any proceeding under Section 400 (1) of the Kolkata Municipal corporation Act, 1980 (hereafter the Act), the Kolkata Municipal corporation (hereafter the Corporation) authorities have proceeded to demolish alleged unauthorised constructions by taking recourse to Section 400 (8) thereof and that since circumstances do not warrant taking recourse thereto, the Corporation ought to be restrained from demolishing any part of the unauthorised constructions raised by them, if at all, and it ought to be directed to initiate proceeding under Section 400 (1) in order to enable them persuade the competent authority to allow retention of alleged unauthorised construction upon realization of penalty.