15.09.2026 Court No.2 Item No.42 sudipta IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 1359 of 2024 with CAN 1 of 2026 Nikhil Mal Vs. The Kolkata Municipal Corporation & Ors. Mr. Supratick Syamal Ms. Sonali Sengupta Ms. Manisha Nath Ms. Nisha Das Ms. Paromita Barik …for the petitioner Ms. Soma Kar Ghosh Ms. Suparna Paul Ms. Shilpi Ghosh …for the private opposite party Mr. Alok Kumar Ghosh Mr. Atis Kumar Biswas …for the KMC 1. Present petition has been filed challenging the order dated 27th June, 2023 passed by the Municipal Building Tribunal, Kolkata Municipal Corporation in B.T. Appeal no. 193 of 2022 in demolition case no. 12- D/IX/20-21. The petitioner had filed this appeal impugning the order of Special Officer (Building), KMC under Section 400(1) read with KMC (Regularization of Buildings) Regulation 2015 of the KMC Act, 1980 in respect of premises no. 10/A, Rup Chand Mukherjee Road, Ward 73, Borough-IX. The Municipal Building Tribunal allowed the appeal and set aside the order 2 dated 3rd January, 2022. The Tribunal further directed the Municipal Commissioner, Kolkata Municipal Commissioner to depute another Special Officer (Building) instead of Special Officer (Building) who had passed the order dated 3rd January, 2022. The Special Officer (Building) was further directed to dispose of the proceeding as per the direction given by the Tribunal and to pass necessary order in respect of illegal construction. 2. The petitioner aggrieved of this filed the present revision petition. The Co-ordinate Bench of this Court vide order dated 7th January, 2025 while admitting the petition, passed an interim order staying the operation of the impugned order. 3. During the course of the submissions, learned counsel appearing for the respondent no.6 submits that the order impugned passed by the Tribunal was innocuous as it had only remanded the matter back to the Special Officer (Building) for decision in accordance with law. 4. Learned counsel for the petitioner without prejudice to the contentions raised in the present petition and with liberty to keep the same open submits that the matter may be remanded back for decision by the Special Officer (Building) in terms of the order passed by the Tribunal in accordance with law without 3 being influenced by the impugned order passed by the Tribunal dated 27th June, 2023. Learned counsel for the petitioner further seeks liberty to raise all the contentions available under the law before the Special Officer (Building). 5. In view of the submissions made, the present petition is disposed of. 6. The Commissioner, Kolkata Municipal Corporation is directed to nominate the Special Officer (Building) in terms of the order of the Tribunal dated 27th June, 2023 to decide the demolition case no. 12-D/IX/20-21 afresh in accordance with law after giving the concerned parties an opportunity of being heard. 7. The Special Officer (Building) shall decide the matter expeditiously within a period of eight weeks from the date of passing of this order. 8. The parties shall be at liberty to raise all the contentions permissible under the law before the Special Officer (Building). 9. In view of the discussions made hereinabove, the matter is remanded back to the Special Officer (Building) for fresh decision in accordance with law. The order dated 3rd January, 2022 is set aside. 10. The Special Officer (Building) shall decide the matter independently without being influenced by the 4 observations made by the Building Tribunal in the impugned order dated 27th June, 2023. 11. Consequently, all connected pending applications to this instant revisional application, if any, stand also disposed of. 12. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)