Smt. Mamata Guha Ray v. Kolkata Municipal Corporation & ors.

Mr. Banerjee, learned advocate petitioner, submits that the specific complaint of the 4 petitioner was that the mandatory open space in the rear side of the building had not been maintained, on account of which, the petitioner was unable to repair her own building. The learned tribunal, in my opinion, was correct as there appears to be discrepancies in the demolition sketch map and the plan. There was a doubt as to whether, as per the sanction plan, the

4.00 metre open space was required to be kept in the north-western direction where the corporation road existed or on the east to south direction. Moreover, the exact nature of minor deviations with proper measurements and dimensions were also not provided by the Special Officer (Building). Thus, the order of remand does not either suffer from perversity or material irregularity. The order is well-reasoned and the learned tribunal rightly directed reconsideration of the matter. The proceeding before the Special Officer (Building) would be the first fact finding forum and the facts are required to be ascertained in the light of the findings of the learned Building Tribunal. Under such circumstances, the revisional application is disposed of with following directions:- a) An engineer of the corporation, in the presence of the parties, shall hold a further 5 physical inspection in order to identify whether the open spaces as per the sanction plan had been maintained by the opposite party nos. 2 and 3 or not. b) The measurement of the building and the measurement of the open spaces around the building shall be taken and verified with the sanction plan in order to ascertain deviation, if any. c) The other minor deviations which have been directed to be regularized shall be identified and measured by preparing a sketch map, popularly known as demolition sketch map. d) Thereafter, the parties shall respond to such sketch map and the hearing shall proceed afresh. Both the parties will be allowed to adduce all evidence in support of their contentions before the Special Officer (Building). e) The order of the Special Officer (Building) shall be specific and the position, nature and dimensions of the constructions which are beyond the plan or in violation of the building rules with regard to maintaining side space, rear space and front space etc., shall be mentioned. The portions to be regularized, shall be specifically mentioned 6 with measurements, direction, dimensions etc. f) The inspection shall be made within two weeks from the date of communication of this order. Thereafter, the entire proceeding shall be disposed of within a month. There shall be no order as to costs. Parties are to act on the server copy of this order. (Shampa Sarkar, J.)