MAYA SEN Vs. BHAWANI MAZUMDAR

JUDGEMENT

(1.) This appeal is directed against an order passed by the learned trial Judge on 24.2.97 In connection with the Civil Order No. 6573(W) of 1991.

(2.) The case reveals a wrangle between the two neighbours over the construction of the premises by the Respondent No. l to the adjoining East of the writ petitioner's building in patent violation of the Bengal Municipal Act. It was a cry in despair by the writ petitioner when she vindicated her grievance before the municipal authority about the wanton act of her neighbour. In course of hearing before the learned trial Judge, a special officer was deputed to ascertain about the extent of violation of the impugned construction. The special officer in his turn submitted a report in course of hearing. After considering the material submission made by the rival parties, the learned trial court modified the interim order dated 27.3.91 as extended on 16.5.91, according to the respondent No.4 to complete the plastering, flooring and white washing of the entire building including fittings of the windows, doors etc. and carry out other works in terms of the prayer made in the application.

(3.) The order, according to the petitioner appellant has made an infringement of her right since construction was put up hostile to the provisions of the Bengal Municipal Act, 1932. There was a total misrepresentation and suppression of material facts which disentitled the respondent to be armed with an order. The report of the special officer suffers from perversity as it is not in agreement with the plan sanctioned by the authority. The report of the special officer had an edge over the Municipal plan which cannot authorise the impugned construction as legal or authorised.