challenge in this appeal.
It appears from the records that a demolition order
was passed by the Special Officer (Building) of Kolkata
Municipal Corporation ... instance the
demolition proceeding was initiated, submitted that the writ
petition has been filed after unexplained inordinate delay.
Further, the demolition order has been partly
precipitate law and order problem. Hence, no order
should be passed directing KMC to implement the demolition order.
(9) I have considered the rival contentions ... such person,
as may be specified in the order:
Provided that no order of demolition shall be unless
such person has been given, by means
modified.
The Court has passed order for implementation of the order
passed by the Tribunal. The order passed by this Court on 21st
June ... merger. If the order passed in review recalls the
main order and a different order is passed, definitely the main
order does not exist
plausible reason.
The Court in the order dated 22-09-2016 specifically observes
that the order of demolition dated 03-07-2013 has become final ... Judicial propriety demands that the order passed by the
superior forum shall always get precedence.
The order of demolition, challenged unsuccessfully before this
Court
nature and thus
the impugned order as passed in WPA 3189 of 2023 as well as the order
of demolition as passed by the Municipal ... such
person, as may be specified in the order:
Provided that no order of demolition shall be made unless such
person has been given
such person, as may be specified in
the order:
Provided that no order of demolition shall be made unless such
person has been given ... contention has been raised to try and nullify the demolition
proceedings including the demolition order resulting from such proceedings.
31. Learned Advocate for the appellant
earlier
occasions the appellants could succeed in their endeavour, as the
demolition order(s) issued by respondent No.3 were set aside by court ... said premises. This prompted respondent No.3 to issue
demolition order dated 04.3.2022, which was challenged in the writ petition,
before Learned Single Bench being
such person, as may be specified
in the order:
Provided that no order of demolition shall be made unless
such person has been given ... supported by any sanctioned
building plan. Pursuant to demolition proceedings, a
demolition order was issued by HMC. Although such
order was sought to be challenged
order of the learned Single Judge directing
implementation of the demolition order will seriously affect them as they
are the developers of the building ... order, the
same shall have effect. If they are unable to obtain any
interim order, the Corporation shall forthwith proceed to
execute the demolition order
judgment and
order dated June 7, 2022, the learned Single Judge set aside
the order of demolition dated March 17, 2022, on the ground
that ... appellants challenge the demolition order as well as the order
of the learned Single Judge directing execution of such order.
Mr. Mukherjee, learned Senior Advocate
