2000 (2) TMI 859

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..... to demolish a construction that he had put up. He challenged the order of demolition before the Building Tribunal constituted in this behalf under the Municipal Corporation Act, 1980. The decision of the Tribunal having gone against him, he filed a writ petition be fore the High Court at Calcutta and con tended that the Tribunal which had heard and disposed of his appeal was improperly constituted .....

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..... f a Chair man and such number of members not exceeding six as the State Government might determines. The Chairman was empowered to constitute one or more benches, each bench to comprise of atleast two members of whom one would be a Judicial Member and the other would be a Technical Member. The 1980 Act, in Section 631, made provisions for savings as to certain suits and proceedings. Sub-section (3 .....

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..... that it was improperly constituted. Even assuming that it ought to have consisted of three or more members, had that objection been taken at the initial stage of the hearing of the appeal before the Tribunal, that position could have been rectified. Certainly, in circumstances such as these, the High Court ought not to have exercised its discretion in favour of the first respondent. 5. The deci .....

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