Court : Kolkata
Decided on : Aug-30-2013
..... passed by the special officer (building) in the said demolition case within thirty days from the date of the judgment, failing which the kolkata municipal corporation authority was given liberty to demolish the impugned unauthorised construction at the risk and cost of the person responsible for such construction. subsequently, ..... said decision, this court holds that the lok adalat exceeded its jurisdiction in passing the impugned order. the impugned order, thus, stands quashed. the municipal authority is directed to implement the order of demolition immediately. the writ petition is, accordingly, disposed of. urgent photostat certified copy of this order, ..... mr.swapan debnath, advocate. . for the respdt. no.4. the court : an order of demolition was passed by the special officer (building).kolkata municipal corporation, on 13th april, 2007 in demolition case no.6-d/2006-07 borough-iv in respect of premises no.19/1, ramtanu bose lane, kolkata ..... the lok adalat. in this regard reference may be made to the decision of the hon ble supreme court in the case of state of punjab & another versus jalour singh & ors.in (2008).scc 66.wherein it was held that the function of the lok adalat relates purely to ..... proceeding was initiated. having regard to the fact that the lok adalat has no adjudicatory or judicial function under the state legal services authorities act, 1987, the lok adalat had no jurisdiction either to hear the parties or to adjudicate the legality of the order passed by the tribunal .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-23-2013
..... upon the property of the petitioner which is per se illegal and liable to be set aside as there has been no notification under section the provisions of the calcutta municipal act, 1923 and possession was not taken in accordance with law. moreover, the impugned order failed to take note of the fact that the gazette notification did not include any ..... petitioners such prayer in accordance with law as expeditiously as possible by ignoring the road alignment declared under alignment plan no.9795 by the municipal authority from december 1956 under the provision section 356 of the calcutta municipal act, 1951. the writ petition, thus stands allowed. there will be however, no order as costs. (emphasis supplied) mr.ashok kumar banerjee, learned senior ..... as it deals with the provisions contained in the land acquisition act 1894 and the calcutta improvement act 1911 and not with section 357 of the act which deals with defining a regular line/alignment. therefore, in our view, the judgment in w.p.11734 (w) of 2006 (agw relators pvt ltd v. kolkata municipal corporation) relied on in the impugned judgment does not lay ..... the calcutta gazette on 28th july, 1927, the learned single judge should have appreciated that since a procedure has been prescribed in section 357(6) of the kolkata municipal corporation act, 1980 (for short the act ) for cancellation or modification of a regular line / street alignment it has to be adhered to. unless the regular line is cancelled or modified following the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-21-2013
..... or advance the interest of the corporation. (5) to enter into any agreement or arrangement with any government, state or any other authority, municipal, local or otherwise, which may seem advantageous to this corporation and obtain from such government, state or other authority, any rights, privileges or concessions ..... law journal 497 ( sujit das vs. the west bengal board of secondary education & ors.)2) (2009) 2 scc 57.(roop singh negi vs. punjab national bank and ors.)3) air 197.sc 130.(m/s.mahabir prasad santosh kumar vs. state of u.p. and ors.)4) (2001) 1 ..... the charges are admitted by the petitioner but a plain reading of reply dated 10th january, 2004 indicates otherwise. accordingly the respondent s authorities acted contrary to all norms and procedures as well as in violation of principles of natural justice. therefore, the impugned decision taken by the corporation ..... to come to a conclusion whether the corporation is an merely authority a under registered article company 12 of under the the constitution companies act or is 1956 controlled and managed independently by its board of directors. it appears from these aforementioned documents that the corporation corporation ltd. ..... back. you will be required to join provident fund scheme as in force in this corporation. you will be entitled to bonus as per the bonus act.6. provident fund :7. bonus :8. medical : you will be required to join hospitalisation & domiciliary hospitalisation insurance and personal accident insurance scheme .....Tag this Judgment!