BUILDING CONSTRUCTION ACT [II OF 1952]

Section 12—

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.