Subrata Talukdar, J. - (1.) This petition under Article 226 of the Constitution of India is heard without affidavits since the appearing parties have urged this Court considering that the central facts are not in dispute, to only consider the salient points of law which may be summarised as follows:- (a) Whether there has been a failure of natural justice qua the in the proceedings culminating in the order of the Ld. Municipal Building Tribunal/Kolkata Municipal Corporation (KMC) dated the 20th of January, 2017 in Building Tribunal Appeal No. 74 of 2003 (for short BT Appeal No. 74/2003 or, simply the BT Appeal )arising out of the order of the Special Officer (Building) in Demolition Case No. 50-D/2002-2003, Borough - V in respect of Premises No. 124/1, B. B. Ganguali Street, Kolkata- 700012 (for short the said Premises). (b) Whether the writ petitioner has the locus to now challenge the final order of the Ld. Tribunal dated 20th of January, 2017 without participating either in the BT Appeal or, before the Special Officer (Building) . (c) Whether the writ petitioner can now avail of the benefit of the Amendment Act, 2014 to Section 400 of the Kolkata Municipal Corporation Act, 1980 (for short the KMC Act) which has been ushered into effect from 15th January, 2015, i.e. during the pendency of the BT Appeal.
(2.) To answer the above recorded issues it would be necessary for this Court to have a brief look at the antecedent and connected facts.
(3.) It is not in dispute that by Deed of Conveyance dated the 8th of December, 2011 (the Deed or, the said Deed) between the Vendor, one Arindam Mukherjee and the writ petitioner, Mrs. Anjali Jewellers (for short M/s. AJ or, the petitioner), the said premises were purchased for consideration by the latter from the former.;