BINA SAHA Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-10-11
HIGH COURT OF CALCUTTA
Decided on October 03,2018

Bina Saha Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of a judgment and order dated 8th June, 2018, passed by a learned Single Judge in WP 9165 (W) of 2016 (Bina Saha vs. The State of West Bengal & Ors.).
(3.) For convenience, the entire judgment and order dated 8th June, 2018, is reproduced hereinbelow:- "An order of the Building Tribunal is under challenge in the present writ petition. Learned advocate appearing for the petitioner submits that, the building concerned was standing since 2004 in an area which was added to the Kolkata Municipal Corporation in 1983 or thereabout. Since the building was standing and since the petitioner is a purchaser of such building, the impugned order is harsh on the petitioner. The respondent no.10 and the corporation are represented. By the impugned order, the Building Tribunal has concurred with the view of the Special Officer (Building) to the effect that, the building concerned is unauthorized. The petitioner is not in a position to substantiate that, the findings rendered by the Special Officer (Building), and the Building Tribunal are perverse. The writ petitioner does not possess any sanctioned plan of the building. The petitioner does not possess any material to show that a plan in respect of the premises concerned was ever sanctioned. In such circumstances, I find no material irregularity in the impugned order requiring an interference by a writ court under Article 226 of the Constitution of India. W.P.No.9165 (W) of 2016 is dismissed. There will be no order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.