CORPORATION OF CALCUTTA vs MULCHAND AGARWALLA.

The Supreme Court ruled that the Corporation of Calcutta is not barred from initiating proceedings under Section 363 of the Calcutta Municipal Act, 1923, despite prior actions under Section 488. The Court clarified that inconvenience to neighbors is irrelevant for demolition orders under Section 363, and distinct penalties under different sections indicate legislative intent for separate proceedings. The discretion granted to the Magistrate under Section 363 does not equate 'may' with 'shall', and appellate courts generally do not interfere unless there is a factual mistake or misapprehension. However, the Court declined to order demolition due to special circumstances, including the near five-year completion of the building and public interest considerations.