Bhaskar Bhattacharya, J. - (1.) This revisional application under Article 227 of the Constitution of India is at the instance of a tenant and is directed against order dated January 22, 1998 passed by the Municipal Building Tribunal thereby dismissing an appeal preferred against order dated February 3, 1997 passed by the Special Officer (Building) of the Calcutta Municipal Corporation under Section 400(1) of the Calcutta Municipal Corporation Act, 1980 directing demolition of the disputed structure made without sanctioned plan.
(2.) On the basis of complaints lodged by the landlord and the local Councillor, an inspection was held by the Municipal authority on December 5, 1995 when it was detected that the petitioner had made unauthorised construction by casting R.C.C. roof over the pre-existing masonary walls after demolishing the existing asbestos roof and by lowering down the ground floor by 0.9. meter in violation of Rules 54, 56, 57, 62 and 84 of the Building Rules.
(3.) Accordingly a proceeding was initiated under the provision of Section 400 of the C.M.C. Act, 1980.;