- (1.) Taking advantage of the mistakes and the errors committed by the responsible officer of Kolkata Municipal Corporation, the petitioners have been successfully dragging the appeal for more than five years since the order of demolition is passed.
(2.) Initially the communication was made to the petitioners that it is liable to demolish the portion of the building constructed encroaching the sanctioned mandatory rear open space and also to erect the staircase leading from ground floor to the roof in the sanctioned position. The ground which was assigned in the said communication was that constructions have been made in deviation of the sanctioned plan. The order was assailed before this Court in the writ petition on the premise that the order was bereft of reasons. The Hon'ble Single Bench found after quoting the order that it cannot be branded as non-speaking order and rejected the writ petition.
(3.) The order was carried to an Appellate Court to which I was one of the Members of the Bench and the order of the Hon'ble Single Bench was set aside primarily on the ground that the scope of the writ petition is different than the one perceived by the Hon'ble Single Bench.;