Decided on April 12,1983



- (1.) IT is no longer disputed that the petitioner had erected 6th and 7th storeys to his Premises No. 17, Shyama Prasad mookherjee Road, Calcutta without obtaining any sanction from the Corporation of Calcutta. He had also violated several other provisions of the Building Rules contained in the Schedule XVI of the Calcutta Municipal Act, 1951 in respect of the other portions of the said premises. A proceeding under section 414 of the Calcutta Municipal Act, 1951 was started and the Deputy Commissioner, Corporation of Calcutta after hearing the petitioner ordered for demolition of the 6th and 7th storeys of the said building which had been constructed in unauthorised manner and in gross violation of the Budding Rules. The deputy Commissioner did not, however. pass any demolition order in respect of the other constructions made in infringement of the Building Rules.
(2.) THE petitioner, being aggrieved, preferred an appeal before the Building tribunal, Corporation of Calcutta which was heard by Sri L. C Banerjee, President of the Tribunal and Sri H. K. Ghosh and Sri P. C. Roy Chowdhury, Assessers. On 10th August, 1977 the teamed president of the Tribunal upheld the order passed by the Deputy Commissioner and dismissed the appeal. The two assessors separately recorded the reasons for their disagreement with the v. views of the learned President of the tribunal. According to the Assessor, because of the reasons recorded By them no demolition order ought to be passed in respect of the 6th and 7th storeys of the premises. The President of the tribunal also recorded; his opinion in respect of the differing views of the assessors. The President dismissed the appeal and affirmed the order.
(3.) THE petitioner in this writ application has challenged the aforesaid decision of the learned president of the tribunal. The petitioner in the first place has contended that in terms of Rule 15 of the Calcutta Corporation Tribunal (Conduct of Business)'rules, 1965, the decision ought to be in accordance with the agreed opinion of the Assessors who had dissented from the decision of the learned President of the Tribunal on the question whether the 6th Land 7th storeys of the premises ought to be demilished. Under Rule 15 (3) of the calcutta Corporation Tribunal (Conduct of Business) Rules, 1965 the decision on all questions of law and procedure rest solely with the President of the Tribunal. The Rule 15 (4) of the said Rules has prescribed that the decision on the question of fact shall be in accordance with the opinion of the President unless both the Assessors agree in holding an opinion different from that of the President in which case the decision shall be in accordance with the agreed opinion of the Assessors. The Rule 15 (5) lays down that decision on any question which according to the President is a mixed question of law and fact, shall be in accordance with the opinion of the President but the opinion of each of the assessors shall also be indicated in the judgment.;

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