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Issues Involved:
1. Demolition of unauthorized RCC staircase. 2. Demolition of unauthorized chajja projected over CMC footpath. Summary: Issue 1: Demolition of Unauthorized RCC Staircase The case involves the unauthorized construction of an RCC staircase from the ground floor to the roof of the first floor, with pillars and a connected wall erected on the rooftop of the adjoining premises. Initially, a proceeding u/s 400(1) of the Calcutta Municipal Corporation Act, 1980 was started, but no demolition order was passed for the staircase by the Special Officer, Building. The complainant challenged this, leading to a court order on January 30, 2004, directing the Special Officer to reconsider the complaint. Upon reconsideration, the Special Officer ordered the demolition of the unauthorized staircase and roof within 15 days, failing which the KMC would demolish it at the cost and risk of the person responsible (P.R.). The P.R. filed a writ petition to set aside this order, arguing that the Tribunal did not apply its mind and mechanically followed the court's earlier order. The Tribunal and the Special Officer, Building, were accused of not properly considering the points raised by the P.R. However, the Tribunal affirmed the demolition order, noting that the construction was unauthorized, extended onto the adjoining premises, and affected the complainant's property rights. The review application was also dismissed, with the Tribunal stating that there was no error or defect warranting a review. The High Court found no illegality in the Tribunal's findings and emphasized the importance of structural stability. The construction was deemed unauthorized and damaging to the complainant's property. Consequently, the writ petition by the P.R. (W.P.23601(W) of 2007) was dismissed, and the writ petition by the complainant (W.P.24843(W) of 2007) was allowed. The Municipal authorities were directed to remove the staircase if not demolished by the P.R. within a fortnight. Issue 2: Demolition of Unauthorized Chajja The unauthorized construction of a chajja projected over the CMC footpath was also addressed. Initially, the Special Officer, Building, ordered its demolition, which was carried out by the P.R. The Tribunal and the High Court upheld this order, noting that the chajja was an unauthorized construction that infringed on public property. Conclusion: The High Court upheld the orders for the demolition of both the unauthorized RCC staircase and the chajja projected over the CMC footpath. The P.R.'s writ petition was dismissed, and the complainant's writ petition was allowed, with the Municipal authorities directed to enforce the demolition if not carried out by the P.R. within the stipulated time.
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