SOUMITRA SANYAL Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order being no.35 dated 20th July, 2007 by which the petitioner's application for review was rejected by the learned Municipal Building Tribunal, the Kolkata Municipal Corporation on contest.

(2.) The propriety of such an order is under challenge in this Revisional Application at the instance of a person responsible for unauthorized construction who is petitioner before this Court.

(3.) Let me now consider as to how far the learned Tribunal was justified in rejecting the petitioner's application for review in the facts of the instant case. At the outset, I must mention that no provision for review is provided under the Kolkata Municipal Corporation Act. Review is a creature of statute. Unless review is specifically provided in the statute, the Tribunal cannot review its own judgment. As such, the learned Tribunal did not commit any illegality in rejecting an application for review in the aforesaid circumstances.