A.N. Chakrabarti, J. - (1.) This Rule is directed against an order of the Building Tribunal of the Corporation of Calcutta constituted under Sec. 391(b) of the Calcutta Municipal Act, 1951.
(2.) The Petitioner made some constructions on his leasehold land at No. 38 Dr. Suresh Sarkar Road. The Corporation of Calcutta started a demolition case against him under Sec. 414 of the Calcutta Municipal Act on the ground that the constructions were unauthorised. The Commissioner of the Calcutta Corporation, who heard the case, passed an order under Sec. 414(3) of the said Act on May 20, 1967, for the demolition of the unauthorised structures. The Petitioner filed an application for the reconsideration of his order on September 8, 1967. This prayer for reconsideration was made in the form of a memorandum of appeal. The Commissioner, however, treated this memorandum as an application for review and he rejected it on November 28, 1967, and communicated the order to the Petitioner on December 20, 1967. Thereafter, an appeal was preferred to the Building Tribunal on January 19, 1968.
(3.) Under the Municipal Act an appeal against an order of the Commissioner to the Building Tribunal has to be filed within a period of thirty days. Prima facie, the appeal that was filed on January 19, 1968, was barred by limitation so far as the order dated May 20, 1967, was concerned.;