J.P.Mitter, J. - (1.) This Rule is directed against an order of a Municipal Magistrate under Section 363, Calcutta Municipal Act, 1923, directing the demolition of a certain unauthorised structure. The principal point taken on the petitioner's behalf is that the Corporation's application for action under Section 363 of the Act having been made to the Municipal Magistrate after the new Act (West Bengal Act 33 of 1951) had come into force, the proceedings before the Municipal Magistrate and the order of demolition concerned were without jurisdiction.
(2.) The petitioner's case is as follows; He is the lessee of a plot of land at No. 17, Parashar Road, Calcutta. At the date of the demise of the said land there stood upon it a dilapidated structure which was a partly tiled shed and a partly corrugated shed. The repairs to the structure which the petitioner subsequently caused resulted in the roof being made entirely of corrugated iron sheets. According to the petitioner, the old structure was reconstructed, but not extended.
(3.) The Corporation's case is that the structure in question was a new construction for which no sanction had been obtained. On the evidence, the learned Municipal Magistrate came to the conclusion that the construction was both Unauthorised and in breach of certain building rules. Accordingly, the learned Magistrate directed the demolition of the offending structure.;