It is alleged that the said guest house has also been misused for immoral activities.
The Special Officer, Building, the Calcutta Municipal Corporation, after taking into account the application for regularization and the companyplaint, directed to demolish the unauthorized companystruction by its order dated 10.6.1994.
1746, 1626 and 1627 of 1999.
Aggrieved thereby, Writ Petition No.21521 w of 1999 was preferred.
companyoured photo showing all above companyverted companymercial places.
Original the building was sanctioned as Residential, but with effect from 5th October, 1989 in the major portion of the garage space of the said building were being used as Commercial as we have started some business viz.
Plan showing the Ground floor garage space and 3rd 4th floor 2 flats companyverted into 4 shop rooms and guest house respectively including measurement.
With reference to our discussion had with your kind self along with the City Architect at your office on 26 06 93 at about 11 a.m. you were pleased to advise us to apply before your kindself for change of use and occupation by us at the above cited premises including photocopy and measurement to regularize the existing position.
It is also number disputed that the appellants have also started another business namely M s. Aithi Guest House during June, 1990.
6834 6836 OF 2001 K.SEMA,J. These appeals are directed against the judgment and order dated 18th April, 2001 passed by the High Court of Calcutta in M.A.T. Nos.
We remain, Yours faithfully, Rajib Kr.
In the said building, the major portion of the garage space was being used as companymercial and the appellants have started business like M s. Atithi Restaurant , M s. Avinandan Sweat meats , M s. Avisar Furniture and M s. Apsara Ladies Beauty Parlour .
Thanking you in anticipation a favourable companysideration.
Xerox companyies of Trade Licence as above.
Aggrieved thereby, the appellants preferred an appeal before the Building Tribunal, which upholds the order of demolition passed by the Special Officer, Building.
M s. ATITHI Restaurant , M s. AVINANDAN Sweat meats , M s. AVISAR Furniture and M s. APSARA Ladies Beauty Parlour for which we have already obtained Certificate of Enlistment Trade Licence for the year 1989 90 on 16 10 89, xerox companyies of Certificate of Enlistment Trade Licence as above are enclosed hereto for your record and ready reference.
WITH CIVIL APPEAL NOS.
Sub Regularise the change of use from Residential to Commercial.
Dated Calcutta 29th June 1993 The Municipal Commissioner, The Calcutta Municipal Corporation, 5, B.N. Banerjee Road, Calcutta 13 Dear Sir, Re Premises No.4H, Panchanantala Road, Calcutta 700 020.
The undisputed facts are Premises No.4H, Panchanantala Road, Calcutta, was originally sanctioned as residential.
It is also number disputed that the said building was subsequently companyverted from residential to companymercial change of land use unauthorizedly without obtaining sanction from the appropriate authority.
The aforesaid admitted facts are born out from the application dated 29.6.1993 addressed to the Municipal Commissioner, the Calcutta Municipal Corporation.
In the said application, the appellants prayed for regularization of the entire irregularity and requested to allow the change of use of the places from residential to companymercial.
The application dated 29.6.1993 speaks for itself.
Paul H, Panchanathala Road, Calcutta 700 029.
We have heard the parties.
The authority was further directed to stop unauthorized use of the building either by guest house or by the bank or any other organization and or firm and or association under Section 416 of the Calcutta Municipal Corporation Act, 1980.
The Division Bench of the High Court set aside the order of the learned Single Judge and allowed the appeal.
The Division Bench of the High Court further directed the companyporation authority to take immediate steps in terms of the order of the Special Officer and companyfirmed by the Tribunal.
The learned single Judge by its judgment and order dated 23.4.1999 although upheld the order of the Tribunal, remanded the case to the Tribunal for fresh companysideration.
