HYAM Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) This is a Rule calling upon the Municipal Magistrate of Calcutta to show cause why his order, dated the 23 February 1906, directing the demolition of the existing godown belonging to the petitioner within two months from the date of the order, should not be set aside.

(2.) There are a number of grounds taken in the petition presented to this Court, but it is not necessary for us to deal with them, except the fourth ground, namely, that the order of demolition is not warranted by the provisions of Section 410 of Act III of 1899 (B.C.).

(3.) The godown, which the petitioner has been directed to demolish by the order of the 23rd February, has been in existence admittedly for a long time. It is not covered by the plan which was sanctioned by the Corporation in the year 1902. Section 449 (1) directs that, on the application by the General Committee of the Corporation, the Magistrate may make an order directing that the work done, or so much of the work as has been unlawfully executed, be demolished by the owner of the building, or altered by him to the satisfaction of the Committee, as the case may require, or direct that the work done, or so much of it as has been unlawfully done, be demolished or altered by the Chairman at the expense of the owner of the building.