Harish Tandon, J. - (1.) This Revisional Application is directed against a judgment and order dated 28th August, 2015 passed by the Municipal Building Tribunal, Kolkata Municipal Corporation in B.T. Appeal No. 7 of 2015 by which the matter was remitted back to the Joint Municipal Commissioner, Kolkata Municipal Corporation to take a decision afresh after affording an opportunity of hearing to both the parties.
(2.) The impugned order of remand is passed as the Tribunal found that the proceeding for demolition of alleged unauthorized construction cannot be initiated in absence of a notice under Sec. 400(1) of the Kolkata Municipal Corporation Act, 1980. It is further observed that there is no finding recorded in the impugned order on conflicting reports filed by the inspecting officer in relation to the alleged unauthorized construction.
(3.) Admittedly, several Civil Suits including a Suit for eviction against the Opposite Parties are pending before the Civil Court and an order of injunction is operating against the Petitioner so far as it relates to the possession of the Opposite Parties in respect of their tenancies are concerned.;