- (1.) The petitioners who are the tenants of premises No. B/113/H/16/1, Bipin Behari Ganguly Street, Kolkata-700 012 filed this writ petition, inter alia, praying for issuance of a writ in the nature of mandamus commanding the respondents, their servants, agents or employees not to take any step or further steps affecting in any way or manner the possession and enjoyment of the petitioners' respective holdings and structures in the said premises.
(2.) In this wril petition, the petitioners have made a complaint against the Municipal Authorities of the Kolkata Municipal Corporation, as they are taking steps to demolish the building standing at the said premises without service of any notice regarding initiation of any demolition proceeding upon the petitioners.
(3.) The legality of the order of demolition, has been challenged by the petitioners primarily on the ground of non-service of notice of hearing upon the petitioners. The petitioners allege that the Municipal Authority has not adhered to the mandatory provision regarding service of notice upon the petitioners for showing cause, before passing an order of demolition. The first proviso to Section 400 (1) of the Kolkata Municipal Corporation Act, 1980 gives a mandate to the Municipal Authority to serve a notice to show-cause even upon the occupier of the building before passing an order of demolition. The petitioners, thus, claim that the demolition order, cannot be sustained in law due to non-compliance of the mandatory provision of Section 400 (1) of the said Act relating to service of notice to show-cause upon the petitioners.;