LAKHU DUBEY Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) In this writ application the petitioner prays for a direction on the KMC authorities to demolish all unauthorised constructions at Premises No. 15 Kali Temple Road, Kolkata 700026 in accordance with the direction of the Special Officer B) dated 6 September, 1983 passed in Demolition Case No. 85-D/1972-73.

(2.) Learned Counsel for the petitioner contends that the petitioner purchased premises no. 15 Kali Temple Road, Kolkata 700026 in short the 'said premises') from one Sampa Banerjee who had inherited the property from her father Banku Behari Mukherjee, since deceased. After purchasing the property the petitioner came to know that KMC had initiated Demolition Case No. 85-D/1972-73 against Banku Behari Mukherjee in respect of certain unauthorised constructions on the said premises. The Special Officer B), KMC, passed an order dated 6 September, 1983 holding that the structures in question were unauthorised and accordingly directed demolition of such unauthorised structures by the person responsible failing which KMC was to demolish the structures at the risk and cost of the person responsible. Banku Behari's appeal before the Municipal Building Tribunal was dismissed on 10 December, 1990. The petition for restoration of the appeal was dismissed on 17 July, 1991.

(3.) Banku Behari challenged the orders dated 10 December, 1990 and 17 July, 1991 in this Court by way of a civil revisional application being CO No. 2810 of 1991 which was subsequently re-numbered as CR No. 419 of 1992. During the pendency of the said application Banku Behari passed away and his daughter Sampa Banerjee was substituted in his place and stead. By an order dated 12 November, 2010 this Court dismissed the civil revisional application.