- (1.) In this writ petition the petitioners have challenged the order dated 14th February, 2014 passed by the Municipal Building Tribunal affirming the order dated 15th November, 2011 passed by the Special Officer (Building), Kolkata Municipal Corporation, directing demolition of the construction, - a portico, - found to have been raised unauthorisedly. Mr. Prabal Kumar Mukherjee, learned advocate appearing on behalf of the petitioner, relying on the writ petition submitted that as the construction was completed in the year 1982, that is when the Calcutta Municipal Act, 1951 (for short '1951 Act') was in force, since section 414(4) of the 1951 Act prohibits the authorities to take action against a construction unlawfully completed more than twelve years before the issue of notice under sub-section (1) and as proceedings were initiated in 2006 upon a complaint and as a consequence the petitioner had acquired a right under the 1951 Act, the order dated 15th November, 2011 passed by the Special Officer (Building) in Demolition Case No. 34- D/2006-2007, Borough VII and the order dated 14th February, 2014 passed by the Municipal Building Tribunal in Appeal No. 19 of 2012, are arbitrary and illegal.
(2.) Mr. Barin Banerjee, learned advocate for the Kolkata Municipal Corporation submitted, since the petitioner neither produced any sanctioned plan nor in the reply to the show cause notice had stated that it was constructed prior to 1982, the order of demolition is just and proper.
(3.) Mr. Amitava Das, learned advocate for the private respondent No. 6, that is the complainant, adopting the argument made on behalf of the Corporation and referring to section 635A of the Kolkata Municipal Corporation Act, 1980 ('1980 Act' for short) submitted since with the enactment of the 1980 Act on 4th January, 1984, section 414 of the 1951 Act stood repealed and as the petitioner failed to furnish any document to demonstrate that construction was carried out prior to 1982, the order of demolition is in accordance with law.;