HIRANMAY BHATTACHARYYA,J. - (1.) The instant appeal is at the instance of the complainant/respondent no. 7 in the writ petition and is directed against an order dated November 5, 2020 passed by an Hon'ble Single Judge in WPA 9212 of 2020.
(2.) By the order impugned, the demolition order dated June 11, 2019 passed by the Special Officer (Building), Kolkata Municipal Corporation in Demolition Case no. 7-D/B-IX/19-20 was set aside and a direction was passed to decide the complaint regarding the demolition of the building in question afresh upon hearing the writ petitioner and the complainant/ appellant herein.
(3.) This case has a chequered history. The writ petitioner, who is the predecessor-in-interest of the respondent nos. 19(a) and 19(b) to the instant appeal, claims to be a co-owner in respect of the property being premises no. 4/2H/14/1, Bhukailash Road, Khiddirpur, Kolkata- 700 023 (for short 'the said premises'). The writ petitioner alleged that in terms of the development agreement, the respondent no. 8 and 9 in the writ petition/ respondent nos. 7 and 8 herein agreed to construct a G+4 storied building on the said land. The writ petitioner claimed to have acquired knowledge through the officer-in-charge of the concerned police station that the municipal authority has initiated a proceeding under Section 400 of Kolkata Municipal Corporation Act, 1980 (for short 'the KMC Act, 1980') and an order of demolition of the said prmises was passed and the demolition work is to be carried out by the corporation authority.;