KRISNALAL BASAK Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) An interesting question of law has been raised by the Appellant who was the Plaintiff in a suit for a declaration that certain order or notice issued by the Corporation of Calcutta for demolition of certain alleged unauthorised construction is bad and illegal and for an injunction restraining the Corporation of Calcutta from giving effect to the said order or notice. The Plaintiff could not succeed in the Courts below.

(2.) The facts of the case are that the Plaintiff -Appellant purchased the suit property in 1950, which according to Plaintiff was a broken and dilapidated two storied building and the Plaintiff effected repairs to the same after his purchase and thereafter, the Corporation of Calcutta issued a notice upon the said Plaintiff to show cause why action would not be taken against him for unauthorised constructions. According to the Plaintiff, he duly showed cause, but the Corporation of Calcutta in spite of that passed an order on August 18, 1953, requiring the Plaintiff to demolish some so -called unauthorised constructions within a certain date. The Plaintiff has challenged this order as arbitrary and illegal.

(3.) The defence of the Corporation in substance was that second story in the suit premises has been built by the Plaintiff without sanction and accordingly, the Plaintiff has violated the provisions of the Calcutta Municipal Act and as such, the Corporation has passed an order for demolition. The Corporation of Calcutta further contends that the order passed by the said Corporation was according to law and was made in the discharge of its duties and ought not to be interfered with and the suit should be dismissed.