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
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
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
challenging the order of demolition before the appropriate Bench
within a week and for such period the demolition order was stayed without
4
prejudice ... order of demolition she ought to be
granted an opportunity to explain the essentiality of deviation and that the
demolition order was passed without appreciating
order.
2
3. The revisional application assails the order of the learned court below
on the following grounds :-
(a) The order of demolition was without ... liable to be demolished
20. The order impugned does not suffer from any irregularity.
21. The order of demolition and that of the learned Civil
order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order ... order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order
argued that the Commissioner did not have authority
to issue the demolition order. The learned Judge
observed and rightly so, that under the West Bengal ... natural justice. He submitted that the
proceedings for demolition culminating in the
demolition order, were initiated pursuant to
complaints lodged by local people. However, copies
Deepak
Nagar/Owner/Builder to show cause as to why demolition order
in respect of aforesaid unauthorized construction be not passed.
It is submitted that ... after following the due process of law
demolition order dated 04.08.2022 has already been passed
thereby directing the noticees to demolish the said unauthorized
construction
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
neither complied with the demolition
notice nor file any response to be same within stipulated time,
hence demolition order were passed on 10.11.2022 after
Signature ... neither complied with the demolition
notice nor file any response to be same within stipulated time,
hence demolition order were passed on 10.11.2022 after
passing
