M.H.S.Ansari, J. - (1.) Unsuccessful writ petitioner is the appellant before us. The instant appeal is directed against an order of learned Trial Judge dated April 11, 1983 passed in C.O. No. 5845(W) of 1977 whereby the writ petition was dismissed upholding the order passed by the learned President of the Tribunal which held that the impugned constructions had been erected not only in an unauthorized manner but by infringing several building rules.
(2.) In coming to the aforesaid conclusion learned Trial Judge in the judgment under appeal has noticed that the appellant/petitioner had erected 6th and 7th stories 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. In the proceeding initiated under section 414 of the Act, 1951 an order of demolition of the 6th and 7th stories had been ordered. It was held by the learned Trial Judge that the two Assessors did not dissent from the finding of fact made by the learned President of the Tribunal that petitioner had constructed the 6th and 7th stories of the building without obtaining any sanction and also with the other finding that in the 6th and 7th stories also petitioner infringed rules 30 and 33 of Schedule XVI to the Act, 1951. The question whether the- discretion under section 414(3) of the Act ought to be exercised in the petitioner's (appellant before us) was not a pure question of fact. It was held that the decision of the President on the said question namely whether the unauthorized constructions ought to be demolished was, therefore, final. It was further held that the exercise of discretion was neither arbitrary nor without consideration of the relevant facts. The learned Trial Judge, therefore, held that the Court cannot substitute its own views and hold that the said unauthorized constructions ought to be allowed to stand.
(3.) The aforesaid conclusions have been assailed in the appeal oefore us.;