SACHINDRA NATH KARMAKAR Vs. KOLKATA MUNICIPAL CORPORATION & ORS.
LAWS(CAL)-2016-9-183
HIGH COURT OF CALCUTTA
Decided on September 19,2016

Sachindra Nath Karmakar Appellant
VERSUS
Kolkata Municipal Corporation And Ors. Respondents

JUDGEMENT

Indra Prasanna Mukherji, J. - (1.) A complaint was made by the petitioner against the owner of premises no.14C, Bechu Chatterjee Street, Kolkata-700 009, Smt. Gayatri Chowdhury, the respondent no.4 that she was making an illegal construction.
(2.) The matter was referred to the Special Officer [Building]. By a decision dated 12th April, 2012 the unauthorised part shown in a sketch was directed by her to be demolished.
(3.) The respondent no.4 preferred an appeal from the said order before the Municipal Building Tribunal. On 4th February, 2016 this Tribunal allowed the appeal, on a very technical point. It said that the Special Officer had no jurisdiction to pass the demolition order. The jurisdiction to pass the demolition order was with the Commissioner. He could not have delegated his authority.;


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