Building Construction Act [II of 1952]
While discharging the Rule for quashing the order of
personal appearance the High Court Division directed the Authorised Officer,
KDA to demolish the unauthorised construction in question which the appellant
wants to expunge. While the proceeding under section 12(1) of the ‘Building
Construction Act is still pending in the Court of the Chief Metropolitan
Magistrate, Khulna and awaiting decision oñ merit as to whether any direction
will at all be necessary upon the KDA to dismantle the alleged unauthorised construction
which was not the subject matter under consideration before the High Court
Division in the revision case and accordingly, the impugned unwarranted
direction was expunged.
Champak Ranjan Saha vs Authorised Officer, Khulna Development Authority
and others 2 BLC (AD) 110.