- (1.) Two proceedings were initiated by the Kolkata Municipal Corporation against the petitioners on the basis of the complaints made by the respondent Nos. 11 to 17 who introduced themselves as transferee owners of the premises No. 60/1, Ballygunj Circular Road, Kolkata-700 019. One of such proceedings was initiated under section 400(1) of the Municipal Corporation Act, 1980 (hereinafter referred to as the said Act) for demolition of the alleged illegal construction made by the petitioners at the said premises. The other proceeding was initiated under section 416 of the said Act for illegal change of user of the said premises by the petitioners without sanction and/or permission from the Municipal authority.
(2.) Admittedly National Motors of which Laddu Gopal Bajoria is the proprietor, is a tenant of the entire premises No. 60/1, Ballygunj Circular Road, Kolkata-19 comprising of 48 Cottachs of land together with a building and outhouses standing thereon.
(3.) Immediately after purchase of the said premises, the respondent Nos. 11 to 17 made a complaint vide their letter dated 23rd August, 2005 against the petitioner No. 1 for constructing a semipucca pandal illegally at the said premises without the consent of the said respondents and for illegal letting out of the property for marriage function, parties, kirtans and other social gatherings on payment of huge amounts.;