- (1.) The petitioners constructed about 12,480 sq.ft. on the terrace of the tenth floor of a multi-storeyed building known as "Air Conditioned Market" at Shakespeare Sarani without obtaining any sanction from the Municipal authority. Such construction was raised in early 1980. The annual valuation of such illegal construction was assessed by the Municipal authority for the first time for the Assessment Period commencing from GR4/84-85. Rates and taxes in respect of such unauthorised construction has also been realised regularly by the Municipal authority from the petitioners since then.
(2.) Subsequently, a demolition proceeding being Demolition Case No. 137-D/2002-03 was initiated under section 400(1) of the Kolkata Municipal Corporation Act by the Municipal authority. The said proceeding was disposed of by the Special Officer, Building on 18th February, 2003 with the following orders : "1]. (a) The P.Rs. shall retain the impugned construction shown in red colour in the D/Sketch of D/Case No. 137-D/2002-03 of Bor.-VII subject to payment of erection/re-erection charges at commercial rates. (b) The P.Rs. shall pay for non-provision of 16 Nos. of car parking spaces to be charged @ Rs.60,000/- per car parking space. 2]. The P.Rs. shall carry out the orders within one month from the date of its communication failing which the orders shall become inoperative and all the impugned constructions marked in red colour in the D/Sketch of D/Case No. 137-D/2002-03 shall be subject to demolition at the cost and risk of the P.Rs. 3]. The P.Rs. shall swear an affidavit before Magistrate 1st Class to the effect that they shall abide by the existing rules and regulations of CMC and shall not take recourse to anything which may tantamount to violation of the CMC Act, 1980 and Building Rules, 1990 and shall also be held responsible for any misrepresentation of records. 4]. The P.Rs. shall submit a certificate obtained from CMC empanelled Structural Engineer certifying therein the aspect of structural stability as well as the workmanship and quality of materials so far used in the construction of the premises. 5]. The copy of the order shall be communicated to the P.Rs. as well as the E.E.Bor.-VII for information and necessary action. Each page of the order is signed and the D/ Sketch as well as precis countersigned."
(3.) Admittedly the said order was accepted by the petitioners as well as by the Municipal authority.;