Barin Ghosh, J. - (1.) Notices dated 15th/17th June, 1996 and 2nd July, 1996 issued by the Municipal Architect and Town Planner and the Building Inspector of the Calcutta Municipal Corporation respectively are impugned in this petition filed under Article 226 of the Constitution of India.
(2.) The undisputed facts of the case may be summarised thus : By a notice dated 4th June, 1996 the petitioners informed the City Architect, Calcutta Municipal Corporation that the existing building and structure at 42B, Jawaharlal Nehru Road, Calcutta would be demolished. This notice was served on 6th June, 1996. Then the Municipal Architect and Town Planner issued the first impugned notice dated 15th/17th June, 1996, where it was stated as follows : "Demolition of the existing building as you have proposed, may lead to abolition of existing Architectural Features. It may please be noted that the Municipal Commissioner vide his order dated 6.6.96 desired that the existing building at the premises should be retained with proper preservation and conservation of the Architectural Features of the Existing Building. However, the C.M.C. does not have any objection for construction of new building at the rest of the land of the premises as per law."
(3.) The petitioners thereafter by a letter dated 18th June, 1996 addressed to the Commissioner, Calcutta Municipal Corporation contended that from the aforementioned letter they have come to learn that on 6th June, 1996 an order was passed by him desiring that the existing building at the property in question, should be retained and since by reason thereof the petitioners are going to be affected, they should be given a hearing. In that letter it was also stated that a major portion of the building has already been demolished and the same may collapse if left in the present condition. Then came the second impugned notice dated 2nd July, 1996 issued by the Building Inspector. In that it was stated as follows : "You are hereby required by the Mpl. Commissioner, the Calcutta Municipal Corporation under CMC Blds. Rule, 1990 of the Calcutta Municipal Corporation Act, 1980 to stop the demolition works of the existing building at premises No. 42B, Chowringhee Road, the same has been commenced/is being carried on, without sanction and in breach of the provisions of the Act. If you fail to comply forthwith with the requisitions of this notice Mpl. Commissioner may, with the assistance of the Police, stop the continuance of the illegal demolition works and the cost of such police watch will be realised from you at prescribed rates.";