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BEFORE THE LEARNED MUNICIPAL BUILDING TRIBUNAL

THE KOLKATA MUNICIPAL CORPORATION

Municipal Building Appeal No - Of 2024

IN THE MATTER OF:

An appeal Under Section 400(3) of

the Kolkata Municipal Corporation
Act of 1980 against the order
dated 07-02-2024 passed by the
Learned Special Officer Building.
K.M.C. in connection with the
Notice Under Section 400 (1)
issued on 06/01/2024 in respect
of premises No – 1/1/1A, Maratha
Ditch LANE, Kolata – 700 003,
Ward No – 007, Borough – I, P.S. –
Shyampukur, under the Kolkata
Municipal Corporation.

- AND-

IN THE MATTER OF:

Sri Chandra Sekhar Biswas, Being

Constituted Attorney of Smt
Krishna Bose Alias Kirshna Basu
& Sri Debajyoti Sinha, residing at
Premises No – 9/5, Rajendranath
Roy Choudhury Lane, P.S. –
Cossipore, Kolkata – 700 036,

….APPELLANT

Contd…
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-VERSUS-

The Kolkata Municipal Corporation,

having its Central Municipal Office

at 5, S.N.Banerjee Road, Kolkata –

700013…

…RESPONDENTNS

An Appeal Under Section 400 (3) of K.M.C. Act, 1980

APPEAL VALUED AT Rs. 20010/-

The Appellant States as follows:-

1. That the appellant is the owner of a 40 years old dilapidated

three storied brick built dwelling house together with piece and
parcel of land thereunto belonging and on part whereof the
same is erected and built measuring about 1 (one) Cottah 2
(two) Chittacks 8.462 Sq.ft, at Premises No – 1/1/1A, Maratha
Ditch Lane, P.S. – Shyampukur, Kolkata – 700 003, which is a
place within the jurisdiction of this Ld. Municipal Build
Tribunal at Kolkata. here-in-after referred to as “Said Building”

2. That the appellant had obtained a Sanctioned Plan for

Addition & Alteration Under Rule 3 (2) (e) of K.M.C. Building
Rule – 2009, and Under Section 410, of K.M.C. Act 1980, for
Erection of Roof & Stair Head Room, duly approved by
Executive Engineer ©/Bldg/ Br-I, Dated – 28.05.2022, from
the Office of The Executive Engineer, Building Department,
Borough – I.

3. That the appellant received one Stop Work Notice under

Sec. 400 (1) of K.M.C. Act 1980 in respect of the Said

Building w.e.f. 06/01/2024, during the construction of the

“Said Building”

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4. That the appellant submitted one Demolition Sketch Plan in

Response to the above Notice, and paid a Charge for

Regularization of Un – Authorized Construction amount to Rs

6,09,368/- (Six Lakhs Nine Thousand Three Hundred & Sixty

Eight), vide Receipt No – 013328, Learned Special Officer,

Building Department, of the respondent Kolkata Municipal

Corporation arbitrarily assessed the matter and ordered to

demolish the construction works at 3rd Floor duly marked at

Demolition Sketch Plan.

5. Being aggrieved by and dissatisfied with order to demolish

the construction works at 3rd Floor as decided by the Special

Officer – K.M.C. of the respondent on 07-02-2024, the

appellant begs to prefer this appeal under Sec. 400(3) of the

Kolkata Municipal Corporation Act, 1980 on the following

grounds amongst other: -

6. That your Appellant further states that the Said Building is

used by the Appellant for residential purpose of their own

family members.

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G R O U N D S

I) FOR THAT the order to Demolish the 3RD, Floor

of the Said Building as decided by the Special

Officer, Building – K.M.C. of the respondent dated

07/02/2024 is bad, illegal, void, unreasonable,

imaginary, arbitrary, malafide, misconceived,

misleading and unwarranted by facts and law

and hence the same should be set aside.

II) FOR THAT the impugned assessment has been

made on erroneous basis and was clearly illegal

as well as in fact for not considering adducing

evidence on behalf of the Appellant but putting

full reliance upon the uncorroborated report of

the department.

III) FOR THAT the Learned Special Officer - K.M.C. of

the respondent was absolutely wrong to order the

Demolition of the Construction of 3 rd Floor, even

after the Appellant had paid a sum of Rs

6,09,368/- (Six Lakhs Nine Thousand Three

Hundred & Sixty-Eight), vide Receipt No –

013328, as Charge for Regularization of Un –

Authorized Construction.

IV) FOR THAT the learned Special Officer of the

respondent Kolkata Municipal Corporation erred

in law as well as in fact for not considering the

fact that the appellant has to incur Rs 1800/- per

Square Feet as Construction Price of the “Said

Building”

VI) FOR THAT the learned Special Officer of the

respondent had failed to take into consideration

that proposal for reasonable area was not

provided in proper manner during the sanction of

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the said Plan for Addition & Alteration of the

Existing Building, for proper habilitation of the

Tenants & Family Members of the Appellant and

the report was framed by the authority in a

whimsical way which is not only bad but also void

and not tenable in the eye of law.

VII) FOR THAT the alleged order was passed by the

Special Officer of the respondent is absolutely

arbitrary and biased and also against the

material on record and as such the same should

be set aside for ends of justice.

VIII) FOR THAT the provisions of K.M.C. Act 1980, it is

incumbent upon the Special Officer of the

respondent to give reasons for passing of the

aforesaid order against the said building and in

0the absence of any reasons, the said order

should be set aside.

IX) FOR THAT the Learned Special Officer without

applying his mind did not allow relief as provided

under Section 400 (1) (b) of the K.M.C. Act, 1980

as the appellant has no other residential

accommodation other than this building, as such

the appellant is eligible to enjoy such relief.

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7. That your Appellant craves leave to amend, alter or and/or

add the memo of appeal, if so advised.

In view of the above facts and

circumstances the Appellant most

humbly prays that Your Highness

may be pleased to allow the instant

appeal and set aside the order of

Learned Special Officer, Building of

respondent Kolkata Municipal

Corporation dated 07-02-2024 in

respect of Premises No – 1/1/1A,

Maratha Ditch Lane, P.S. –

Shyampukur, Kolkata – 700 003,

and grant a Stay for enforcement of

the order specified under section

400, sub section (4) of the K.M.C.

Act, 1980, Provided that whether

the erection of any building or

execution of any work has not been

completed at the time of the order

made under sub-section (1), no

order staying the enforcement of the

order made under that sub – section

shall be made by the Municipal

Building Tribunal unless a surety,

sufficient in the opinion od the said

Tribunal, has been given by both the

appellant and respondent, for not

proceeding with such erection or

work pending the disposal of the

appeal.

Your Highness may deem fit and

proper.

And your petitioner as in duty bound shall ever pray.

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CERTIFICATE

This is to certify that above are the good and substantial

grounds of appeal on merit and I undertake to support this at

the time of hearing of the case.

________________

ADVOCATE

Contd…