- (1.) The order dated March 7, 2013 passed by the Special Officer (Building) in a demolition proceeding initiated under Section 400(1) and 416 of the Kolkata Municipal Corporation Act, 1980 refusing to pass an order for demolition of an unauthorized construction and permitting the change of user upon payment of the regularization fees is challenged in this writ petition by the complainant/petitioner.
(2.) The facts are, more or less, admitted and the respective counsels have addressed the issues on the question of law.
(3.) Before proceeding to deal with the issues evolved from the respective submissions, it would be apt to narrate the necessary facts for such purposes. The petitioner is the owner of Premises No. 45, Suhasini Ganguly Sarani, Kolkata-700 025, which is adjacent to the portion of the Premises No. 1, School Row, Kolkata-700 025, being the subject matter of this writ petition. The private respondent, a society, owns the Premises No. 1, School Row, Kolkata-700 025 by a dint of purchase dated 2nd July, 2011. The name of the society is recorded in the assessment record of the Kolkata Municipal Corporation (Corporation). The object of the said society, as would be evident from the memorandum of association, are to promote friendless amongst the population of Calcutta and its suburbs, establish educational institution, seba samities and libraries and to establish pharmacies, dispensaries and/or research centre and the property and income to be utilized solely for the promotion of the aforesaid objects. The private respondent carried out a construction at the said premises owned by it which according to the petitioner was in contravention to the Kolkata Municipal Corporation Act, 1980 and the Building rules framed thereunder. The petitioner intimated to the corporation by a letter dated 20th June, 2012 that the private respondent is undertaking an unauthorized and illegal constructions at the said premises and requested for taking an appropriate steps and/or actions for the same.;