Arun Kumar Bhattacharya, J. - (1.) The hearing stems from an application filed by the petitioners praying for revision of the order dated 05.12.1998 passed by the Municipal Building Tribunal, Calcutta Municipal Corporation in Appeal No. 13/1993 affirming in part the order dated 27.01.1990 passed by the Municipal Commissioner in Case No. 89-D of 1987-88.
(2.) The background history of the said revision is that the petitioners are tenants in respect of a tin shade at a monthly rental of Rs 100/- under Estate Kumar Jagadish Chandra Sinha since June, 1987. The O.Ps. initiated a demolition case being No. 89-D of 1987-88 in respect of the said tenanted premises without service of any notice upon the petitioners, and the Special Officer (Building) passed an order dated. 27.01.1990 for demolition of the said tenanted room without assigning any reason holding petitioners as also landlord responsible for the unauthorized construction. Neither any notice of the inspection alleged to have been held by the Building Inspector nor report of inspection was served upon the petitioners and the owner of the premises. The order of demolition could not be passed as the structure is a kutcha one and garage should stand always in front of the premises. The appeal being No. 13/1993 preferred by the petitioners was allowed in part by the Municipal Building Tribunal with a direction to the petitioners and owner to demolish the wall of southern and eastern side to the extent of 1.20 meters of vacant space and to pay Rs. 10,000/- towards penalty, sketch fees etc. without specifying the basis therefor.
(3.) Being aggrieved by, and dissatisfied with, the said order, the petitioners have preferred the present revision.;