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
implementation of the order of demolition. While passing order for implementing
the order of demolition, the Court never had the occasion to adjudicate the
legality ... acted upon
even though no formal order setting aside or staying the order of demolition was
passed by any competent Court or Tribunal
such
person, as may be specified in the order:
Provided that no order of demolition shall be made unless such
person has been given ... under the provisions of Section 351(2) either to order or not to order
the demolition of the alleged unauthorised temple. In fact, Respondent
demolition order and as such the
Hon'ble Single Judge ought not to have set aside the order of
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demolition passed ... order dated June 11, 2019 passed
an order dated August 29, 2019 directing the writ petitioner to
collect the said order from the office
such person, as may be specified in
the order:
Provided that no order of demolition shall be made unless such
person has been given ... Municipal Commissioner may make an
order under sub-section (1), which speaks of an order of demolition, if the
charge of unauthorized construction is found
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
persons who have carried out the
said demolition work and hence the Respondent Corporation passed the
demolition order after affording an opportunity of hearing ... such person,
as may be specified in the order:
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Provided that no order of demolition shall be made unless such
person has been given
persons who have carried out the
said demolition work and hence the Respondent Corporation passed the
demolition order after affording an opportunity of hearing ... such person,
as may be specified in the order:
11
Provided that no order of demolition shall be made unless such
person has been given
