LAKSHMI DEVI SINGH Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) THIS application is directed against the judgment and order dated 19. 02. 2000 passed by the Municipal building Tribunal, the Kolkata Municipal Corporation in B. T. Appeal No. 350 of 1987-88 whereby the learned Tribunal has dismissed the appeal preferred by the petitioner.

(2.) THE petitioner preferred the appeal against the order of demolition passed by the Special Officer (Building) of the Kolkata municipal Corporation in Demolition Case No. 24-D of 1986-87 in respect of premises no. 167, Netaji Subhas Road within the jurisdiction of the Kolkata Municipal Corporation. Her contention is that she is the tenant in respect of 4 rooms at the top floor of the said premises and order of demolition was passed in respect of her tenanted premises without service of any notice. So the order of demolition was not proper. She has prayed for setting aside the order of demolition of her tenanted portion of the premises.

(3.) AFTER hearing the submissions of the learned Advocate of both the sides and on perusal of the record, I find that the petitioner has contended that she is a tenant in respect of 4 rooms of the top floor of the premises no. 167, Netaji Subhas Road within the jurisdiction of the Kolkata Municipal Corporation under Raja Katra private Limited who granted rent receipts, (Annexure A series ). The contention of the opposite parties is that such receipts were granted after the necessary steps for demolition of the building and so these are manufactured and afterthought steps. It is the contention of the petitioner also that though she is a tenant in respect of the premises in demolition case, she was not served at all any notice upon her and thus the natural justice has been violated.