I.P.MUKERJI,J. - (1.) Re. APO 434 of 2014 with APO 455 of 2014, WP 251 of 2014:- The Court: The premises involved is numbered as 48, Khirod Vidya Vinod Avenue, Baghbazar, Kolkata-700003. It is on 8.1 cottahs of land. Initially, the building was three storeyed. The appellant Eskag Sanjeevani constructed two illegal storeys. One was demolished under orders of court. Four storeys now remain. The allegation of Kolkata Municipal Corporation was that there was substantial illegality in the construction of this building. Demolition proceedings were started by them under Section 400(1) read with Section 416 of the Kolkata Municipal Corporation Act, 1980. By an order dated 16th July, 2013 passed by the Special Officer, Building, the Corporation refrained from passing a demolition order. Subject to compliance of conditions specified in that order by Eskag., they were allowed to retain the building upon payment of retention charges, subsequently asessed to be about Rs.1.74 crores and observance of the conditions mentioned in the said order. It was stated therein that in default of payment of this retention fee, the building was liable to be demolished.
(2.) The instant writ application (WP 251 of 2014) was preferred by Eskag challenging the imposition of this retention fee. This was the substantial relief claimed.
(3.) We have carefully scrutinized the writ petition. We find that the breath and scope of the petition was confined to this issue only. However, this court heard out this writ application along with several others and by a common judgment and order dated 25th July, 2014, inter alia, directed demolition of the building.;