MUNICIPAL COMMISSIONER Vs. KEDAR NATH BANSAL

JUDGEMENT

(1.) ASSAILING the judgment and order dated 3rd march, 2006 passed by learned trial Judge in W. P. No. 2016 of 2005, this appeal has been preferred by the Municipal Commissioner, Kolkata Municipal corporation and other Officers of the said Corporation. By the impugned judgment under appeal learned trial Judge allowed the writ application filed by the writ petitioners by quashing/setting aside the decision of Municipal building Tribunal passed in B. T. Appeal No. 49 of 2002 confirming the order of demolition passed by Special Officer (B) in Demolition Case No. 25-D/o1-02 and passed the direction to regularize the unauthorized construction by conversion of parking space as servants' room on realizing the penalty as per rule. The relevant portion of the impugned judgment under appeal reads such:

(2.) IT is the case of the writ petitioners in the writ application that they purchased the additional car parking space, which was duly converted to servants' room by the promoter and there was no breach of building rule. It was the further contention that the other flat owners who did not purchase servants' room as constructed in the additional car parking space out of vengeance lodged a complaint to the Kolkata Municipal Corporation who in turn initiated a proceeding under section 400 Sub-section (1) of the Kolkata municipal Corporation Act, 1980, hereinafter for brevity referred to as 'k. M. C. Act', against the writ petitioners, who thereby passed a decision of demolition of servants' room converted from additional car parking space and demolition of the partition walls constructed by the writ petitioner in their respective portion of the roof by raising the walls 3 ft. or more.

(3.) SAID proceeding under section 400 Sub-section (1) of the K. M. C. Act registered as Demolition Case No. 25-D/01-02 in respect of the premises No. 51a, B. T. Road, Kolkata was decided against the writ petitioners upon hearing their objection and order of demolition was passed directing demolition of the structure unauthorizedly constructed in the additional car parking space as was converted to servants' room and the partition walls as raised dividing the roof. The relevant portion of the findings of Special Officer (B) reads such: