GAYATRI CHOWDHURY Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.

(2.) The appeal arises out of an order passed by the learned Single Judge on 19th September, 2016 in WP No.793 of 2016 [Sachindra Nath Karmakar vs. Kolkata Municipal Corporation and Ors.]. The appellant before us is the respondent no.4 in the writ proceeding who chose not to appear when the matter was taken up for consideration by the learned Single Judge. The writ petitioner, Sachindra Nath Karmakar, challenged an order passed by the Municipal Building Tribunal (being a statutory Tribunal). On 4th February, 2016, the Municipal Building Tribunal had allowed the statutory appeal of the respondent no.4 on a technical point. It said that the Special Officer had no jurisdiction to pass the demolition order. The jurisdiction to pass the demolition order was with the Commissioner. He could not have delegated his authority.

(3.) The learned Single Judge while deciding the issue as sought to be raised by the writ petitioner, looked into section 48 of the Kolkata Municipal Corporation Act, 1980. The following observations of the learned Single Judge are of relevance: