Bankim Chandra Ray, J. - (1.) This Rule arises out of an application dated 11th April, 1972 passed by the Building Tribunal, Corporation of Calcutta in Appeal No. 5 of 1971-72 against the order of the Commissioner, Corporation of Calcutta dated November, 18, 1970 in Case No. 7/D of 1968-69.
(2.) The Opposite Party No. 1 Dr. Brojo Gopal Haider who is alleged to be a monthly tenant in respect of the disputed premises being No. 109/1, Beliaghata Main Road, Calcutta under the Opposite Party No. 2, Trustees of Calcutta Zoroastrian Communities Religious and Charitable funds since February, 1950 obtained sanction of the two separate plans from the Corporation of Calcutta for construction of certain sheds upon the said land measuring about 16 Bighas. The said plans were numbered as B.S. Plan No. 114(M) dated December 23, 1959 and B.S. Plan No. 93(M) dated September 19, 1962. On June 6, 1963, and on December 12, 1966, the Opposite Party No. 1 was found to have made some unauthorised construction on inspection by the officers of Corporation of Calcutta. A demolition case under Section 414 of the Calcutta Municipal Act, 1951 (West Bengal Act XXXIII of 1951) was started against the Opposite Party No. 1. This case was numbered as Case No. 7/D of 1968-69. The said demolition case was heard by the Commissioner, Corporation of Calcutta on April 27, 1968. On that day the Opposite Party No. 1 and the Opposite Party No. 2 were present at the time of hearing. It was stated on behalf of the Opposite Party No. 2, the landowner that the structures were constructed without any sanction of the Corporation and also without any permission from the land owner. Shri Haider, the opposite party No. 1 on the other hand, stated that he had a sanctioned plan and some deviations from the said plan had only been made. The opposite party No. 1 further admitted that some portion of the premises was being used for a warehouse. The case was adjourned to enable the parties concerned to produce necessary documents in original to establish their case. It was also ordered that no further time would be granted. This order was directed to be communicated to both the owner of the structures and the tenant. On 31st of March, 1969, the Commissioner, Corporation of Calcutta passed the following order:- "Shri T.P. Mitra, Solicitor with Mr. J. Gazdar, Secretary, to the Trustees present on behalf of the complainant. Shri Haider was directed to produce relevant documents in support of his claim in the case and it was further directed that no further time would be granted. Therefore, Shri Mitra submitted that the case be disposed of in his absence although he prays for time. The hearing of the case be adjourned till 16th of April 1969 and no further adjournment shall be granted. The party be duly notified by Registered Post with A/D. On 16th of April, 1969, the said demolition case came up for hearing and the Commissioner adjourned the same till 23rd April, 1969. On that day i.e. 23rd April, 1969 the following order was made : "Owner absent, complainant present, notice has been served on the owner repeatedly but in spite of that he is absent. From the departmental report, I am satisfied, that the constructions have been done in recent times and also without sanction, Ordered that the unauthorised structures be demolished".
(3.) Against the said order, the Opposite Party No. 1 on 26th August, 1969 sent a letter to the Commissioner, Corporation of Calcutta requesting him to give him a hearing of the said demolition case which were disposed of ex parte against him.;