CORPORATION OF CALCUTTA Vs. SATDEO SARMA

JUDGEMENT

(1.) In this appeal two interesting questions have been raised and they arise under the Calcutta Municipal Act, or to be more precise, under Rule 5(4) of Schedule XVII thereof. The appeal is by the two defendants, the Corporation of Calcutta , and its Commissioner and it is directed against a decree of the court below declaring a certain order of the Commissioner bad and inoperative and declaring further that the notices, issued in connection with the carrying out of the order were inoperative and issuing also a permanent injunction to restrain the Corporation and its officers and men from giving effect to the said order and notices.

(2.) The suit was filed under the following circumstances: That, on September 10, 1957, the defendant No, 2 Commissioner directed demolition of Premises No. 5 Tamsook Lane. Burrabazar, which is a partly one-storied, partly two-storied and partly three-storied building, under Rule 5(4) of Schedule XVII of the Calcutta Municipal Act. This was communicated to the plaintiff (who is a tenant of the said premises) by a notice, served on September 14, 1957, and he (the plaintiff) was also directed by the said notice to deposit Rs. 1923.95 nP. as cost of demolition and, thereafter on September 19, 1957, another notice, dated September 17, 1957, was served on him intimating that the Insecure Building Inspector would enter the said premises on September 21. 1957, for carrying out the said demolition work. The plaintiff, thereupon, filed the present suit on September 20, 1957, for inter alia, the declarations aforementioned and denying further his liability for the costs, demanded from him.

(3.) The court below decreed the suit in part holding inter alia that the impugned demolition order and the connected notices were bad and granting the plaintiff necessary reliefs in respect of the same.