- (1.) The Court : The petitioners are owners of premises No.62/H/5, Keshav Chandra Sen Street, Kolkata - 700 009. It is submitted on behalf of the petitioners that originally a very old and dilapidated building stood on the said premises. However, with the consent of all the tenants of the said premises, the old building was demolished and a new building was built thereon. Such construction was completed in the year 2013. Thereafter, the old tenants again moved into the said building and since then have been residing there. The petitioners also reside in the said new building.
(2.) The petitioners received a notice to appear before the Deputy Chief Engineer (Building) on 28th July, 2015 for a hearing in respect of the aforesaid premises. It is submitted that the petitioners duly attended such hearing and answered all the queries of the Corporation authorities. Thereafter, there was an absolute silence on the part of the Corporation authorities. Suddenly, the petitioner no.1 received a notice purportedly under Sections 544 and 546 of the CMC Act, 1980, for demolition of the aforesaid premises on 7th June, 2016. No hearing was granted to the petitioners nor any opportunity given to explain as to why such order of demolition should not be passed. Learned Counsel for the petitioners prays for interim protection.
(3.) Mr. Ghosh, learned Counsel for the Corporation refers to the notice under Sections 544 and 546 of the CMC Act, 1980 and submits that there appears to be an order of demolition and in execution of such order the aforesaid notice has been issued. However, from the notice itself, no details of any demolition order appears. Mr. Ghosh fairly submits that he has just now been briefed in the matter and he will take appropriate instruction in the matter.;