Corporation of Calcutta. Legal Opinions and Rulings. April 1907 - April 1909

341 of the Calcutta Municipal Act for the removal of the encroachments but the parties contended that the structure was not a fixture or projection within the meaning of the section and that they had acquired a valid right to it by reason of adverse possession for over 30 years. [...] They caused the inspection of the bustee by the District Medical Officer of the Corporation and by a Civil Engineer who was not a permanent servant of the Muncipality. [...] 406 not being an officer of the Corporation the report submitted by him and the medical officer was bad in law ; (3) That the approved standard plan having been prpared in 1907 could not be said to have been prepared within 6 months after the receipt of the report which was dated the 2nd February 1904; (4) That the deflection of the road was saved merely to avoid expense and not for the purpose [...] (2) That the plan would not become had in law because one of the reporting officers was not a servant of the Municipality ; (3) That the petitioner was not entitled to a fresh notice with regard to the deflection of the road in order to enable her to urge her objections to the deflection. [...] It is the duty of each of the interested persons to ascertain what the various objections of the other persons are and then to oppose those objections if necessary and (4) That under the Act the Committee had the power to sanction any amendment of the original plan even though for the purpose of avoiding expense and not for the purpose of improving the bustee.