Prasenjit Mandal, J. - (1.) This application is directed against the order dated July 17, 1991 passed by the Municipal Building Tribunal in B.T. Appeal No.141/83-84.
(2.) The short fact is that the petitioner is the owner of the premises no.15, Kali Temple Road and this premises comprises one storey brick wall CI and RT shed and partly two-storied brick wall CI and asbestos shed, structures since before 1930. He did not make any addition or alteration of the said premises at all save and except certain repairs and white and colour washing.
(3.) Previously, one tenant, namely, Maniklal Gupta was occupying the said premises and thereafter one Gobardhan Dube became the tenant of the said premises. In September, 1974, the tenant, Gobardhan Dube, got a notice under Section 414 of the Calcutta Municipal Act, 1951 (now repealed) contending that certain unauthorised construction was detected in June, 1965. The petitioner did not get any notice as owner of the said premises. On knowing such fact of issuance of notice, the petitioner wrote a letter dated February 15, 1974 to the City Architect of the Corporation stating, inter alia, that the age of the impugned structure was more than 12 years. Thereafter, one demolition case was initiated against the petitioner under the provisions of the said Act. The petitioner gave a reply stating that the construction of the premises was made before 1930. But by an order dated September 6, 1983, the Special Officer (Building) passed an order of demolition and it was communicated to the petitioner directing to demolish the unauthorised construction within 30 days from the date of communication of the order. Being aggrieved by the said order of demolition, the petitioner preferred an appeal in December 1983, but the said appeal was dismissed for default on December 10, 1990. Being aggrieved by the said order of dismissed for default, this application has been preferred by the petitioner.;