Search Results Page

Search Results

1 - 10 of 20 (0.36 seconds)
Dipak Kumar Mukherjee vs Kolkata Mun.Corp.& Ors on 8 October, 2012 cites

Friends Colony Development Committee vs State Of Orissa & Ors on 1 November, 2004

18. Shri Bhaskar P. Gupta, learned senior counsel appearing for the appellant argued that the direction given by the Division Bench is legally unsustainable because while deciding the appeal preferred by respondent No.7, the Division Bench of the High Court overlooked the fact that the Mayor-in-Council had, after giving notice and opportunity of hearing to the representative of respondent No.7, already passed order on 14.1.2010 for demolition of the unauthorised construction. Learned senior counsel emphasised that respondent No.7 had defied the ‘stop work notice’, decision taken by Mayor-in-Council and continued with the construction of building even after demolition of unauthorised portion thereof and argued that the Division Bench of the High Court committed serious error by ordaining compliance of the rule of audi alteram partem ignoring that respondent No.7 had never contested the factum of unauthorised construction. Shri Bhaskar P. Gupta relied upon the judgments of this Court in Friends Colony Development Committee v. State of Orissa (supra) and Priyanka Estates International (P) Ltd. v. State of Assam (supra) and argued that the Division Bench of the High Court committed serious error by interfering with the direction given by the learned Single Judge for demolition of the construction which was raised by respondent No.7 in violation of the sanctioned plan and by showing total contempt for the notices issued by the Corporation under Sections 400 and 401 of the 1980 Act.
Supreme Court of India Cites 3 - Cited by 318 - R C Lahoti - Full Document

Priyanka Estate International (P.) ... vs State Of Assam And Ors. on 28 July, 2006

18. Shri Bhaskar P. Gupta, learned senior counsel appearing for the appellant argued that the direction given by the Division Bench is legally unsustainable because while deciding the appeal preferred by respondent No.7, the Division Bench of the High Court overlooked the fact that the Mayor-in-Council had, after giving notice and opportunity of hearing to the representative of respondent No.7, already passed order on 14.1.2010 for demolition of the unauthorised construction. Learned senior counsel emphasised that respondent No.7 had defied the ‘stop work notice’, decision taken by Mayor-in-Council and continued with the construction of building even after demolition of unauthorised portion thereof and argued that the Division Bench of the High Court committed serious error by ordaining compliance of the rule of audi alteram partem ignoring that respondent No.7 had never contested the factum of unauthorised construction. Shri Bhaskar P. Gupta relied upon the judgments of this Court in Friends Colony Development Committee v. State of Orissa (supra) and Priyanka Estates International (P) Ltd. v. State of Assam (supra) and argued that the Division Bench of the High Court committed serious error by interfering with the direction given by the learned Single Judge for demolition of the construction which was raised by respondent No.7 in violation of the sanctioned plan and by showing total contempt for the notices issued by the Corporation under Sections 400 and 401 of the 1980 Act.
Gauhati High Court Cites 12 - Cited by 79 - B S Reddy - Full Document
1   2 Next