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Judgment
The petitioners appear in person.
The writ petition is directed towards the order of demolition issued by the Kolkata Municipal Corporation.
The impugned order of demolition states that, a notice under Section 401 of the Kolkata Municipal Corporation Act 1980 was issued on January 25,
2017. A First Information Report was lodged on January 31, 2017 and March 28, 2017. It is of the view that, if the construction is allowed to
stand, the same will create several hazards like fire and environment. Considering the gravity of the situation and safety of public in general, the
Corporation has recommended the demolition of unauthorized structure under Section 400(8) of the Kolkata Municipal Corporation Act, 1980.Â
There is also a resolution of the Mayor-in-Council stating that, there should be a demolition of the unauthorized construction as the same may lead to
accident resulting in loss of human life and property.
No material is placed on record to substantiate that, the finding reported in the impugned order and in the impugned resolution is perverse. It
appears that, a construction has been made in a property which is recorded with the Controller of Thika Tenancy. It is a thika tenant property.
In such circumstances, no interference is called for at this stage.
Urgent certified Website copy of this order, if applied, be supplied to the parties, upon compliance of all requisite formalities.